RAO BULLETIN
RAO BULLETIN
15 July 2010
THIS BULLETIN CONTAINS THE
FOLLOWING ARTICLES
==ISP’s Blocking RAO Bulletin [06] --- (Change to PDF format)
== VA Hiring [04] (Obama Signs Memorandum)
== VA Prosthetics [05] (New Vet Tax)
== U.S. Savings Bonds [07] (DFAS Allotments to Stop)
== VA HIV Testing (New Routine Medical Care)
== Researching Your Doctor (California)
== Vet Toxic Exposure ~ Malathion (Operation Flyswatter)
== VA Pension [02] (H.R.4541 & S.3352)
== Consular Fees (JUL 2010 Changes)
== Nat Comm on Fiscal Responsibility & Reform (Jun Mtg)
==DBIDS [01] (What you need to know)
== Military Discounts [03] (Blue Star Museums)
==Fit but Unsuitable Discharge (Oxymoronic)
== HVAC [12] (DAMA 1 JUL Hearing)
== Mobilized Reserve 06 JUL 2010 (2,393 Decrease)
== Passport Obtainment ~ U.S. [04] (Philippines)
==VA Women Vet Programs [12] (Forum Registration)
== Vietnam Veterans Memorial [07] (Restoration Complete)
== VA Service Dogs (VA Not Exercising Authority)
== VA Lawsuit ~ Disability Claim Rejections (COA)
== Aid & Attendance [04] (Deceptive Marketing)
== PTSD [50] (Proof Rule Modification)
== VA Presumptive VN Vet Diseases [08] (Criteria)
== Vet Jobs [20] (SHRM Study Disclosures)
==Fisher House Expansion [05] (2010)
== Louisiana Vet Cemeteries (New State Cemetery)
== Heat Exhaustion/Stroke (Seniors)
== VA Prostate Cancer Program [07] (Lawsuits)
== Money Transfer (Xoom.com)
== Flag Presentation [03] (History)
== Arlington National Cemetery [12] (Disinterments)
== VA Office of the General Counsel (Challenges)
== VA Treatment Access (Fudging Performance Grades)
== VAMC St. Louis MO [01] (Investigations Scheduled)
== Virginia Vet Legislation (Newly Approved)
== VA Women Vet Programs [1 1] (S.1237 Blocked)
== Tricare Uniform Formulary [33] (New Search Tool)
== National Cemetery Administration [02] --- (Biannual Meeting)
== Tricare Supplemental Insurance [04] (Pre-tax Benefit)
== HVAC [11] (DAMA Reviews 5 Bills)
== COLA 2011 [03] (May 0.1% Increase)
== TSA Guidance for Passengers --- (International Flights to
U.S.)
== Debt Collector's Rules (Tactics not Allowed)
== Medicare Fraud [43] (1-14 Jul 2010)
== Medicad Fraud [17] (1-14 Jul 2010)
== State Veteran's Benefits (Arizona)
== Military History (The Day Japan Bombed Oregon)
== Military History Anniversaries (Jul 16-31 Summary)
== Military Trivia 08 (Number 8)
== Tax Burden for New York Retirees (2009)
== Congressional Alphalist (Index D)
== Veteran Legislation Status 12 JUL 2010 ---- (Where we stand)
== Have You Heard? (Military Lingo) Attachment - Arizona State
Veteran's Benefits
Attachment - Veteran Legislation
Attachment - U.S. Passport Renewal Requirements Checklist
Attachment - New Consular Fees 13 JUL 2010
ISP’s Blocking RAO Bulletin Update 06: I am changing how I
transmit the RAO Bulletin
because too many subscribers (over 500) cannot receive it using
Word attachments. As a test I sent it to these subscribers who
had previously informed me they could not receive or open Word
attachments using PD F attachments. Only 12 of those could not
open the PD F attachments. I have sent this Bulletin to all
80,000+ subscribers in PDF format to find out how many cannot
receive/open it in PDF format. If the number is small I plan to
continue to use PDF attachments for future Bulletin
transmissions. In the interim I will continue to maintain an
―Old format‖ directory to transmit in straight text format to
those who cannot open any type of attachment. Those who cannot
receive or open either format have the option of going to the
website to read/download the Bulletin. Request you NOT send me
any messages that state your preference for the PDF format.
However, if you are unable to open the PDF attachments I need to
know so I can add you to the Old format directory. Hopefully
this change will help reduce the number of subscribers who are
currently not being allowed access to the Bulletin by their
ISP’s. [Source: RAO Bulletin Editor/Publisher 14 Jul 2010 ++]
VA Hiring Update 04: On 11 MAY 2010, President Barack Obama
signed a memorandum calling on executive departments and
agencies to transform federal government recruitment and hiring
practices. The required reforms will enable VA to hire the
employees needed to deliver on President Obama’s pledge to
transform the Department for the 21st century. The memorandum
calls for the elimination of lengthy application processes,
including essay-style questions for initial applicants; a
reduction in the time it takes to hire mission-critical and
commonly filled positions; and greater involvement by managers
in the hiring process. The VA Hiring Reform Taskforce, led by
Annie Spiczak, Associate Deputy Assistant Secretary for Human
Resources Policy and Planning, is leading implementation of this
mandate and includes Human Resources (HR) professionals and line
managers
representing all of VA. Teams of HR professionals are working to
make job announcements shorter and easier to understand;
streamline and automate the hiring process; and train hiring
managers in workforce and succession planning. For managers, the
reform will put the focus on partnering with HR practitioners to
develop staffing plans, with the overall aim of reducing hiring
timelines and providing access to the highest-quality
candidates. [Source: VA Secy Vet Group Liason Officer Kevin
Secor article 13 Jul 2010 ++]
VA Prosthetics Update 05: The Disabled American Veterans (DAV)
is pleased that President Barack Obama's administration has
vowed that veterans and servicemembers would continue to receive
prosthetic devices from the Department of Veterans Affairs or
TRICARE at no cost. The White House announcement last week
dispelled unfounded rumors that disabled veterans and
servicemembers would face a new tax on prosthetic limbs and
other vital medical services under the Affordable Care Act.
While the health care law does impose a new tax on big medical
device manufactures, the tax will not be passed on to veterans
and servicemembers. "The President's statement should help put
to rest unfounded rumors that have been spread among our
nation's disabled veterans and servicemembers," said DAV
National Commander Roberto "Bobby" Barrera. "Our veterans and
servicemembers were suddenly struck by these rumors, and many
feared that our government was abandoning them to pay for their
own disability." Prices and reimbursements for medical devices
will continue to be negotiated between manufacturers and
insurance companies, retail establishments and, in the case of
the federal government, for veterans and servicemembers. The
full cost of prosthetic devices for veterans will continue to be
borne by the government. [Source: DAV msg.13 Jul 2010 ++]
U.S. Savings Bonds Update 07: The Defense Finance and Accounting
Service (DFAS) will stop all current Savings Bonds allotments
processed for military personnel and military retirees effective
31 JUL. Allotments for federal civilian employees will end A29
AUG. This comes following the U.S. Treasury's decision to
convert electronic transactions through www.TreasuryDirect.gov .
DFAS customers who wish to continue purchasing savings bonds
through payroll deduction will need to establish an online
account with TreasuryDirect. Once they have an account with
TreasuryDirect, they can a new allotment using the
TreasuryDirect account number through their normal pay system.
Information on purchasing Treasury securities is available on
the DFAS website. [Source: Military.com Military report 12 Jul
2010 ++]
VA HIV Testing: On 12 JUL the Department of Veterans Affairs
launched a major effort to both increase HIV testing in Veterans
and to make it part of routine medical care. HIV test results
will not affect your VA care or your eligibility for VA
benefits. You have the right to refuse HIV testing without
losing medical benefits or any right to care. The test is
designed to determine whether you have been infected. HIV is the
virus that causes AIDS. When you get infected your body produces
cells and particles to fight the virus. These particles are
called
antibodies. The test can detect antibodies to HIV in your body.
(The HIV antibodies are different from antibodies for the flu, a
cold, or other infections.) If you have HIV antibodies, then you
have been infected. The test does not tell you if you have AIDS,
how long you have been infected, or how sick you might be.
Veterans who will be taking this test should be aware of the
following:
What the test involves. It requires a sample of blood or fluid
from inside the mouth. For the blood test, blood is drawn either
from the arm or from the finger with a needlestick. Results from
oral-fluid or blood tests usually take 1
to 2 weeks. For the oral-fluid test (called OraSure), a probe
sits in your mouth between your cheek and gums for 2-5 minutes.
However, there are now rapid tests for both oral fluid and blood
that give results in less than 30 minutes. Rapid tests require
special handling, and not every VA medical center or clinic
offers them. What's more, positive results from rapid tests must
be confirmed by another, more sensitive, test--and getting those
results can take 1-2 weeks. A negative result from the rapid
test does not need to be confirmed. (For more information, see
HIV Rapid Oral Test brochure).
Window period. This is the time it takes for your body to
produce HIV antibodies after you have been infected by the
virus. In most people, this period is between 2 and 12 weeks. In
a very small number of people, the process takes up to 6 months.
During the window period, you might be infected with HIV yet
still test HIV-negative. Here's how that can happen. Let's say
you have unprotected sex on Saturday night and become infected
with HIV. On Monday, you get an HIV test. The test almost
certainly will come back negative, because your body has not yet
had a chance to make antibodies, which are what the HIV test is
looking for. Even if you go for an HIV test 1 or 2 months later,
your results might be negative because your body still has not
produced antibodies. It may take 3 months after exposure for the
test results to be 97% accurate, and 6 months to be absolutely
certain. If you think you have been exposed to HIV, and your
test results are negative, be sure to get retested in 3 to 6
months--just to be sure.
Should you get tested? Yes, public health experts now recommend
that all adults should be routinely tested for HIV infection. In
the past, doctors and other health care providers usually only
tested for HIV if patients had symptoms that might indicate an
immune deficiency or if there was something in the their medical
history that suggested they might be at increased risk for the
virus. Since mid-August 2009 the VA changed its policies and is
now recommending that voluntary HIV testing be provided to all
patients who receive medical care in VA. The reason for this
change is to make HIV testing more "routine" so that persons who
are infected can be diagnosed early on and receive life-saving
care. Like many other diseases, it is better to diagnose and
treat HIV early rather than late. Today we are fortunate that
there are many effective treatments to offer persons who are
found to be infected. Veterans with identified risk factors
should get tested for HIV at least once a year. Medical clues to
increased risk include a past or current history of a sexually
transmitted disease like gonorrhea or syphilis, having
unprotected sex (having sex without using a condom), especially
with more than one partner, and sharing needles and syringes to
inject drugs. Even if you do not think you are "at risk" you
should talk to your doctor about taking the HIV test. A recent
electronic survey conducted at 129 VA medical facilities showed
that in 2009, fewer than one out of every ten Veterans in care
had eveer received an HIV test and only one in every forty had
been tested for HIV in 2009.
Getting diagnosed and treated early can keep you healthier
longer. It can even save your life. So, if your doctor doesn't
bring up the subject of HIV testing, you should!
Getting it done? You may or may not need an appointment to get
tested at your local VA Medical Center, as different sites may
have different practices. In VA, all testing for HIV requires
the verbal informed consent of the veteran. Your provider will
need to provide educational material to give you basic
information about HIV testing and to answer any questions that
you may have about HIV or the test itself. The health care
provider may want to discuss your sexual or drug use history
with you. This can help you better assess your risk for HIV and
provide you with some recommendations on how to reduce your risk
for HIV or for transmitting HIV to others. If you test positive,
your spouse is informed of your HIV status only if it is clear
that you have not told your spouse, and your provider has
determined that you are unlikely to do so. Then your provider
may notify your spouse or may use a partner counseling and
notification service through a local health department. As part
of the testing process in VA, you will receive written
educational materials and a health care provider will answer
your questions about HIV. The provider also can answer questions
and offer advice about reducing your risk for HIV. At your
return appointment, a health care provider will provide you with
your test result and answer any questions that you may have. If
your test result is positive, the provider will help you with a
referral for medical evaluation and treatment in VA. The
provider can also provide assistance with getting a referral for
mental health or substance abuse care in VA if you want. If your
result is negative, you will learn about ways to protect
yourself against HIV. The results are entered in your
medical record. There are strict laws in VA to protect the
confidentiality of your results. Anonymous testing is used which
means you are referred to by an identification number so that
you do not have to give your name. Only you can match your
number with your test result. If you want more information about
where you can be tested anonymously, call 1-800-CDC-INFO.
Testing negative. This can be a huge relief. Remember, though,
it can take up to 6 months to test positive for HIV after being
exposed. To be completely sure that you do not have HIV, you
should get tested again in 3 to 6 months, and continue to
protect yourself in the meantime. Testing negative for HIV does
not mean that you are immune to the virus, so it is important to
continue protecting yourself. Don't get discouraged or give up
if you slip (by having unsafe sex or sharing needles). There are
several things you can do to keep protecting your health, now
that you know you are negative: If you do not already see a
doctor regularly, start now. It is always a good idea to have
regular checkups, and your doctor will have a medical history of
your health to refer to if you get sick. Ask for support in
staying HIV negative. There are support services that can help
you stick to your decision to stay safe. Your health care
provider and/or the clinic social worker should have a list of
such service providers.
[Source: http://www.hiv.va.gov Jul 2010 ++]
Researching Your Doctor: Want to know if your doctor has been
accused of wrongdoing by state regulators? Has he settled a
string of malpractice cases? Been convicted of a recent felony?
Been ordered by a court to pay up for malpractice? Ask you
state's Medical board. In California all of that – and more – is
available at
www.sacbee.com/2010/06/18/2833341/database-search-md-discipline.html
, the website of the Medical Board of California, a state agency
funded by largely by the fees doctors pay when they renew their
licenses to practice. While consumer advocates and others who
watch the medical board closely say it should move more quickly
and reveal more, they say it's still a good starting point for
patients and their families. 'It's very useful' for people
choosing a doctor, said Julie D'Angelo Fellmeth, an attorney
with the Center for Public Interest Law in San Diego. 'You have
to be an assertive patient,' she said. 'You are putting the
health and lives of your family in their hands. It doesn't hurt
to invest five minutes in checking this person out in all of the
places that you can.'
In addition to checking the medical board database, people might
also want to ask what hospitals a doctor has privileges at, and
decide how they feel about those hospitals, said Betsy Imholz,
an attorney for Consumers Union in San Francisco. With the
federal health care law's emphasis on both the quality and
affordability of medical treatment, 'the era of transparency is
here,' she said. There are other ways to check out doctors,
although many cost more or are less complete. HealthGrades at
www.healthgrades.com makes consumer surveys and doctors'
descriptions of their practice available at no charge, but
charges a one-time fee to see if a doctor has had malpractice or
disciplinary problems. Angie's List at www.angieslist.com
charges a monthly fee to see consumer ratings. Very few of
California's 100,000 doctors ever run afoul of the state medical
board. Over the past two fiscal years, the board has revoked or
accepted the surrender of fewer than 200 medical licenses. More
commonly, the board issues public reprimands, puts a doctor's
license on probation, or revokes the license but then suspends
the revocation while the doctor takes classes or works under
restrictions.
Public Citizen (www.citizen.org) says California has one of the
worst rates in the country for taking serious disciplinary
action against doctors, even though it has one of the best
websites for consumers. Of the 6,000-plus complaints the medical
board has gotten annually in the past two years, it has opened
investigations into about one- sixth of them. It rejected the
rest after deciding that they lacked merit or the board lacked
jurisdiction. It issues formal accusations against around 240
doctors each year. Fellmeth, who has spent 24 years monitoring
regulatory boards in California, including the medical board,
recalls that 'when I first started looking at it, that board was
owned by, dominated by and listened only to the California
Medical Association.' Today, she said, it defers less to
doctors, moves slightly faster, and has dramatically improved
how much information it releases to consumers. What
is harder to determine, she added, is whether it is policing
doctors any more effectively than it did years ago. "You have to
be pretty bad" in California to face a formal accusation from
the medical board, Fellmeth said. Once accused, she added, "if
the doctor shows up at the hearing, unless there is a history of
prior violations, it's very rare to see the medical board revoke
a license outright."
Every case is different, but things that can cost a doctor his
or her license to practice include sexual misconduct, mental or
physical illness, substance abuse and insurance fraud, said
board executive Whitney. Things that more commonly result in
lesser penalties include record-keeping problems and some
ethical issues, she said. The California Medical Association
wishes the medical board would not release its formal
accusations, and instead make records public only when it takes
final action against a doctor, said Dr. Dev GnanaDev, the
association's immediate past president. Other than that, he
said, the association and the board agree on most issues. "The
medical board is there for public protection. We all know that,"
GnanaDev said. [Source: Sacramento Bee Medical news Carrie
Peyton Dahlberg article 12 Jul 2010 ++]
Vet Toxic Exposure ~ Malathion: The Vietnam Veterans Association
Agent Orange/Dioxin Committee released its report on Malathion.
This is the name of an organophosphate insecticide used in
Vietnam to combat mosquitoes. Organophosphates were first
developed in the late 1930s by Nazi Germany as chemical warfare
agents (nerve gas). VX nerve gas and Sarin gas are well-known
examples. Organophosphates operate on humans and insects in a
similar fashion by attacking the nervous systems. During the
Vietnam War, large numbers of troops came down with malaria. To
kill the mosquitoes that carried the disease, the Department of
Defense converted aircraft that were spraying Agent Orange to
the spraying of Malathion. This was the start of Operation
Flyswatter. Many Vietnam veterans recall the non-camouflaged
aircraft flying over their positions—shortly after dawn or just
before dusk—covering them with a mist. Three silver ―Bug Birds‖
were used in Operation Flyswatter. Many connected those flights
with the spraying of Agent Orange. It is now known that, in
those cases, veterans were subjected to Malathion and its more
potent form, Malaoxon. These were not just one-time missions.
Every nine to eleven days, weather permitting, the planes
re-sprayed the areas. The spray operation created recurring
chemical exposures for Vietnam veterans.
What are the health risks of these spray operations and what are
the combined and synergic effects of Malathion with other
exposures such as Agent Orange? These questions have not been
addressed. We know that a MAR 08 study shows that
organophosphates including Malathion significantly increase the
risk of Parkinson’s disease. Knowing that organophosphates work
on the nervous systems, the diseases of the central and
peripheral nervous system become prime areas of concern. This is
a fresh chemical exposure area for Vietnam veterans to explore
as they seek answers to their many health issues. The VVA Agent
Orange/Dioxin and Other Toxic Substances Committee also will be
researching this area. You can read their full report on this
operation at www.scientificjournals.com/sj/espr/Pdf/aId/10482 If
you have additional questions about malathion or the health
effects from spraying, contact the New York State Department of
Health's Environmental Health Information Line at 1(800)
458-1158, extension 27530.
The Vietnam Veterans Association Agent Orange/Dioxin Committee
is tasked with accumulating and disseminating information
regarding Agent Orange and Dioxin and actively pursuing the
recognition of presumptive disabilities from exposure to Agent
Orange and Dioxin by the Department of Veterans Affairs. The
Committee shall provides assistance to State Councils, Chapters,
and service programs in the handling of Agent Orange related
problems. The Committee shall encourage and foster the
sponsorship of legislation to help the victims of Agent Orange
and Dioxin, and encourage scientific and medical research in the
field of dioxin-related ailments." [Source: VVA National
Committee Chair Alan Oates article Nov/Dec 09 ++]
VA Pension Update 02: A Navy veteran whose VA pension was
canceled because he received an insurance settlement after he
and his service dog were hit by a truck is the poster child for
legislation to change eligibility rules regarding pensions for
low-income veterans. Kerry Scriber of West Palm Beach, Fla.,
said in an interview that he and his dog were injured and his
VA-provided wheelchair damaged when he was struck while crossing
the street in March 2008. Scriber, a former petty officer second
class who served from 1974 to 1979, said the dog received minor
injuries and quickly recovered, but he suffered broken bones in
his face and pelvis. The wheelchair he needed to get around
because of his muscular dystrophy was destroyed. Scriber said he
received two checks from the driver’s insurance company, one
covering the cost of the wheelchair and a second for $10,000
that covered pain and suffering and miscellaneous expenses. He
turned over the check for the wheelchair to the Veterans Affairs
Department, which provided him with another chair. He also
reported receiving the $10,000 settlement, as he was required to
do as a recipient of a pension provided to low-income veterans.
Although his disability is not connected to his military
service, he was receiving the pension because he is totally
disabled and his income was less than $11,000 a year. Two days
after he notified VA of receiving the insurance payment, Scriber
was informed his pension was being terminated because the
settlement put his annual income over the eligibility threshold.
It took more than a year for Scriber to re-qualify for the
pension, a process he said could have taken much longer had he
not asked his congressman, Rep. Alcee Hastings, D-Fla., for
help. ―I know of other people who lost their eligibility and it
took four or five years to reapply,‖ Scriber said.
In response Rep. Alcee Hastings (D-FL) introduced the Veterans'
Pensions Protection Act (H.R.4541) to exempt reimbursement of
expenses related to accidents, theft, loss or casualty from
being counted as income when determining if a veteran qualifies
for pensions that are provided to those living below the poverty
line who are not eligible for veterans’ disability compensation.
The bill would require VA to determine whether insurance
payments exceed the cost of medical care and either the fair
market value or reasonable replacement value of lost or damaged
items, and to come up with a way to decide on a case-by-case
basis how much of a settlement or court award for pain and
suffering should not count as income. ―There is clearly
something wrong with a law that cancels veterans’ pensions for a
whole year following the award of an insurance payment, which
was only intended to cover exceptional medical expenses,‖
Hastings said1 JUL when his bill was considered by the House
Veterans’ Affairs Committee’s disability assistance panel.
Similar legislation is pending before the Senate Veterans’
Affairs Committee.
The Senate bill, S.3352, is sponsored by Sen. Jon Tester (D-MT).
Tester’s office issued a statement saying the senator’s interest
in the bill came after he was contacted by someone facing the
loss of a veterans’ pension if they received a settlement from a
malpractice claim resulting from treatment provided by a VA
doctor. Tester’s aides declined to provide more details on the
veteran, citing privacy concerns. A statement from Tester,
issued 12 MAY, as he introduced his bill, said, ―It’s a matter
of fairness that veterans shouldn’t be forced to choose between
their pensions or compensation for wrongful injuries. These
folks have earned their health benefits by putting their lives
on the line for our country. It’s the right thing to do to make
sure their pensions aren’t threatened through no fault of their
own.‖
Passage of the Hastings’ and Tester’s legislation is not a sure
thing, because while some veterans service organizations support
the change, there is opposition. Rick Weidman of Vietnam
Veterans of America says the legislation is a good idea. ―The VA
practice of including all funds received from any sources,
including one-time restitution of property for theft or fire, as
income for those on nonservice-connected pension from VA was
never a particularly wise one, and was often seen as just plain
perverse and mean-spirited,‖ Weidman said. VA doesn’t mind that
the legislation would exempt reimbursement of actual expenses
from being counted as income but it doesn’t want payments for
pain and suffering to be excluded. Thomas Pamperin, VA’s
associate deputy undersecretary for policy and program
management, said at the 1 JUL hearing on Hastings’ bill that the
whole idea of pensions for low-
income veterans was to provide help to those in need. Payments
for pain and suffering are available for veterans to spend, he
said.
Veterans of Foreign Wars are concerned about the details. Eric
Hilleman, VFW’s national legislative service director, said VA
lacks the expertise to determine the proper value of damaged or
lost items, which would be part of the required calculations.
Trying to figure out the right amount would ―further delay and
complicate a relatively simple benefit,‖ Hilleman said.
Veterans’ pensions go to those with limited incomes who are
either permanently and totally disabled, or are 65 and older.
How much they receive is based on how much money they have and
their number of dependents. For example, single veterans with no
dependents are eligible if they have less than $11,830 in annual
income, with several exclusions for what counts as income. If
they receive less than $11,830, VA provides a monthly pension
that brings their total pay to that level. The income caps rise
for those with dependents and for those who need aid and
attendance for daily activities, such as dressing, eating and
bathing. Exclusions for certain types of income already exist in
current law, including veterans education benefits, Social
Security disability benefits, and insurance payments that
directly reimburse medical expenses. [Source: ArmyTimes Rick
Maze article 9 Jul 2010 ++]
Consular Fees: In order to cover increasing costs of providing
highest-quality service for American Citizen’s Services and
Immigrant Visa applications, the U.S. Department of State
changed certain fees worldwide beginning 13 JUL 2010. The
revised fees will cover actual operating expenses for the 301
overseas consular posts, 23 domestic passport agencies and other
centers that provide these consular services to U.S. and foreign
citizens. The 27 adjusted fees are based on a Cost of Service
Study completed by the Bureau of Consular Affairs in June 2009.
The study, which was the most detailed and exhaustive ever
conducted by the U.S. Department of State, established the true
cost of providing these consular services, which the Department
recovers through the collection of fees. Six of the fees
decreased but the remainder increased from 10% and 593%.
Embassies will immediately begin collecting the new fees for
appointments made for July 13 or later. The Department of State
published its new Schedule of Fees for Consular Services in the
Federal Register on 28 JUN 2010. The changes to the schedule,
which include fees for the passport, immigrant visa and other
consular services, were implemented on 13 JUL 2010. For a
complete listing of the new fees refer to the attachment to this
Bulletin or at www.travel .state.gov. [Source: Office of the
Spokesman Washington, DC 1 Jul 2010 ++]
National Commission on Fiscal Responsibility & Reform: More than
90 "public
comment" witnesses were invited to appear 30 JUN before the
National Commission on Fiscal Responsibility and Reform. They
came from a variety of interest groups and think tanks, liberal
and conservative. Many were economists and policy experts but
private citizens also testified. Each got four minutes unless
their comments sparked a dialogue with commissioners. Most of
the focus was on controlling Medicare, Medicaid and Social
Security costs, and whether and how to raise taxes. ―There’s a
fundamental difference between social insurance programs open to
every American and military benefits earned by decades of
service and sacrifice,‖ Steve Strobridge, director of government
relations for the Military Officers Association of America, told
the commission. Carl Blake, legislative director for Paralyzed
Veterans of America, conceded the country ―faces a very harsh
reality‖ of rapid federal spending growth that ―appears
unsustainable. And yet PVA is here today to emphasize why
continued growth in federal spending for (veterans) is
imperative.‖ Not every witness was keen on maintaining the
status quo for military retirees or veterans.
• Will Marshall, president of the Progressive Policy Institute,
in his written statement said
―no program
should be exempted from new constraints of fiscal discipline,
including defense.‖ He referred to
Congressional Budget Office options that included higher
―military health care premiums and deductibles‖ that would save
$6 billion to $8 billion annually.
• Maya MacGuineas, president of another non-profit, the
Committee for a Responsible Federal Budget, endorsed a revised
method of calculating cost-of-living adjustments for federal
entitlements. The so-called ―superlative‖ Consumer Price Index
would end what some economists contend is an upward bias to the
current CPI that allows COLAs to exceed annual inflation.
• The most heated exchange occurred between retired Sen. Alan
Simpson (R-WY) the commission’s co- chair, and Grover Norquist,
president of Americans for Tax Reform. This organization,
Simpson noted, threatens politicians with brief careers if they
don’t sign a pledge not to raise taxes. But Simpson pointed out
that Norquist’s ―idol,‖ Ronald Reagan, had signed into law
cumulative tax increases of $132.7 billion during his eight
years as president. Because Reagan, above all, was a realist,
said Simpson.
Erskine Bowles, the Commission's other Co-Chairman and former
Chief of Staff to President Clinton, said the commission sought
any ideas that might support the president’s goal of ending
deficit spending, except for interest payments on the rising
national debt, by the year 2015. Meeting that target will
require finding $250 billion in deficit savings for just that
budget year alone. ―President Obama made it clear that no one
should be surprised next year when he brings forward
recommendations that have real budget cuts in them,‖ Bowles
said. ―I expect we will make those recommendations to him (to)
reduce the cost of entitlements and help restore our nation’s
long-term fiscal
strength.‖ No recommended spending cuts or tax increases would
occur before fiscal 2012, Bowles said. But solutions must be
found and adopted to the stem the rising tide of red ink that
threatens disaster for future generations. ―If we don’t restore
some fiscal sanity around here,‖ Bowles said, ―we are going to
go broke. I know that’s not a word people like to use but it
happens to be true. We face the most predictable economic crisis
in history. And if we stay on automatic pilot, the debt we are
accumulating will be like a cancer, and it will definitely
destroy this country from within.‖
Simpson had served on a previous commission on entitlement
reform, in 1993-94, and he co-sponsored a bill to apply a means
test to entitlement COLAs, including for military retirees. Only
those retirees drawing the lowest 30% in income would have
gotten a full COLA each year under Simpson’s bill, which never
passed the Congress. Means testing military retiree COLAs,
Strobridge argued before the new commission, ―would be a
counter-productive performance penalty‖ because it would hurt
those who had won promotion or served long careers. Strobridge
acknowledged a period of rapid growth in military personnel
costs aimed at addressing a pay gap, repairing a misguided cut
in retirement for new entrants after July 1986 and restoring
lost health care benefits to older military retirees. That time
of rapid growth ―is behind us, and we won’t see major new fixes
in the years ahead,‖ Strobridge said. ―MOAA isn’t saying that
(military) health fees should never be increased,‖ Strobridge
said. ―But comparing only military versus civilian cash fees
ignores that military people pay far higher premiums than any
civilian — but they pay them up front and in kind through
decades of service and sacrifice. MOAA believes that should be
acknowledged by limiting the percentage fee increase in any year
to the percentage growth in pay.‖
President Obama created the bipartisan National Commission on
Fiscal Responsibility and Reform to address our nation's fiscal
challenges. The Commission is charged with identifying policies
to improve the fiscal situation in the medium term and to
achieve fiscal sustainability over the long run. Specifically,
the Commission shall propose recommendations designed to balance
the budget, excluding interest payments on the debt, by 2015. In
addition, the Commission shall propose recommendations that
meaningfully improve the long-run fiscal outlook, including
changes to address the growth of entitlement spending and the
gap between the projected revenues and expenditures of the
Federal Government. The Commission meets as a whole once a month
while Congress is in session. They will vote on a final report
containing a set of recommendations to achieve its mission no
later than 1 DEC 2010. The final report will require the
approval of at least 14 of the Commission's 18 members. [Source:
Jacksonville Daily News Tom Philpott article 9 Jul 2010 ++]
DBIDS Update 01: The Defense Biometric Identification System
(DBIDS) is a physical access control system that is used by the
Department of Defense (DOD) to manage personnel, property and
installation access. The Coast Guard does not use DBI DS to
manage access to Coast Guard facilities; however, you may be
required to register in DBIDS if you access one of the DOD
installations that do use it. The DBIDS program registers and
maintains a database of ALL Department of Defense identification
card or common access card holders requiring access to an
installation and is currently installed at 27 DOD installations
in the continental United States. ALL personnel will include
active duty, reservists, civilians, contractors, dependents,
retirees, and visitors. During registration, D BIDS will capture
and store your digital photograph and biometrics. Once you are
registered, a hand¬held device that scans the bar code on the
Department of Defense identification card or common access card
will allow the gate guard to view personal identifying
information and whether or not you are authorized to enter the
base. If you are required to register in the DBIDS program at an
installation, you will be told where to go to register by the
gate guard. Additional information:
• The Civilian Retiree ID card cannot currently be used for
registration and access because the card does not have the bar
code required. A DBIDS card will be issued for eligible Civilian
retirees.
• Some installations using DBIDS have experienced difficulties
registering some of the older Teslin cards (blue retiree, red
reserve, etc) because of the way the data in the barcode was
stored. If you are required to register in DB IDS and have one
of these older cards, you may need to have a new Teslin ID card
issued. The RAPIDS Site Locator can be used to find the RAPIDS
ID card issuing facility closest to your location .
http://www.dmdc.osd.mil/rsl/owa/home
• Children under the age of 10 that have not yet been issued a
DOD dependent ID card may be issued a DBIDS card if required by
the installation.
• Questions regarding DBIDS requirements should be directed to
the local installation (Visitor Center, Pass & ID Office, etc).
[Source: The Coast Guard/NOAA Retirees’ Newsletter Issue 3/2010
Jul 2010 ++]
Military Discounts Update 03: Blue Star Museums is a partnership
among Blue Star Families, the National Endowment for the Arts,
and more than 750 museums in all 50 states to offer admission at
no charge to military personnel and their families from Memorial
Day, 31 MAY thru Labor Day 6 SEP 2010. The admission program is
available to any bearer of a Geneva Convention common access
card (CAC), a DD Form 1173 ID card, or a DD Form 1173-1 ID card,
which includes active duty military (Army, Navy, Air Force,
Marines, Coast Guard), National Guard and Reserve members and up
to five immediate family members. For a listing of museums, what
they have to exhibit, contact info, hours of operation, and
locations refer to
www.arts.gov/national/bluestarmuseums/index.php. [Source: NAUS
Weekly Update 9 Jul 2010 ++]
Fit but Unsuitable Discharge: One would think that when a
physical evaluation board (PEB) examines a servicemember’s
medical condition and deems him or her ―fit for duty,‖ the
meaning of that term would be self-evident. One also would think
that, several years in the wake of media exposure of grievous
treatment of wounded warriors and low-balled disability ratings
that resulted in separation of severely injured servicemembers
with no retirement or medical benefits, that wouldn’t be
happening anymore. However, all too often, MOAA learns of cases
in which soldiers, sailors, airmen, and Marines with
significant, service-connected medical conditions are
evaluated by PEBs and found fit for duty — only to be
administratively separated or barred from reenlistment as
―unsuitable‖ for continued service based on the same medical
condition. According to DoD regulations, there are certain
specified medical conditions that warrant separation for
unsuitability — enuresis, incapacitating fear of
flying, personality or adjustment disorders, substance-abuse
disorders, etcetera. But the services have expanded use of this
provision far beyond what’s authorized in DoD regulations,
separating servicemembers for far more serious medical
conditions that are compensable under VA disability ratings,
which the services are supposed to be using to assess disability
versus fitness for duty.
In many cases, a servicemember’s administrative separation is
based on his or her limited deployability as a result of the
medical condition. In other cases, the separation documents
simply assert the medical condition renders the servicemember
―unsuitable‖ for service — even though the PEB evaluated the
same condition (including deployability limitations) and found
that servicemember fit for duty. In many instances, a separated
servicemember has been awarded a very high disability rating by
the VA for the same condition immediately after separation. MOAA
strongly believes this process is a gross miscarriage of
justice. If a person has a seriously disabling medical condition
(warranting a 30% or higher disability rating under VA rules),
then the person should be medically retired. If a PEB evaluates
a condition (including deployability limits) and finds it
doesn’t render the person unfit for duty, then he or she
shouldn’t be subject to administrative separation for the same
medical condition. This practice was highlighted by MOAA to the
House and Senate Armed Services committees who were urged to
take action to stop it. Subsequently, the House committee
demanded a DoD report on the issue, asserting it is
―fundamentally unfair and inconsistent with the disability
evaluation system reforms that have been enacted in recent
years.‖ The Senate committee went further, putting a provision
in its version of the FY 2011 Defense Authorization Act that
would bar the services from administratively separating
servicemembers for medical conditions other than those
explicitly authorized by DoD regulations. [Source: MOAA Leg Up
Steve Strobridge article 9 Jul 2010]
HVAC Update 12: At a 1 JUL House Veterans' Affairs Subcommittee
hearing, Chairman John Hall (D- NY) and Ranking Member Doug
Lamborn (R-CO) endorsed Rep. Tim Walz' bill (H.R.3787) to accord
veteran status to Guard and Reserve retirees who were never
called to active federal service during their military careers.
Although entitled to military retired pay, TRICARE (at age 60)
and a number of veterans' benefits, career reservists are not
veterans under the law unless they have been activated under
federal orders. Rep. Walz is the highest- ranking enlisted
soldier ever to serve in Congress. He attained the rank of
Command Sergeant Major during his National Guard career and was
deployed. Members of the Military Coalition TMC) offered
testimony at the hearing strongly supporting the bill. A VA
government witness testified that an amended version of the bill
would not qualify the reserve retiree cohort to any unearned
veterans' benefits. But the witness fretted that the government
still objected to the bill because it would change the concept
that only federal active duty should count for veteran status.
As more and more members of the Guard and Reserve prepare for
call-ups and continue to perform homeland defense missions in
non-federal status - securing ground zero in Manhattan and at
the Pentagon on Sept. 11, 2001, conducting counter-drug and
border security missions, responding to Katrina and the BP oil
spill, and preparing forces for deployment. TMC maintains that
all who served a full Guard or Reserve career should be declared
veterans of our nation's Armed Forces. The Disability Assistance
and Memorial Affairs (DAMA) panel also took testimony on other
legislation that would:
• Protect veteran pension payments from being offset by private
insurance settlements related to accidents, theft, other losses
and medical expenses from such causes (H .R.4541)
• Increase aid and attendance rates for severely injured
veterans, qualify severely burned veterans for adaptive housing
and auto grants, expand aid and attendance for veterans with
traumatic brain injury, and increase the Medal of Honor service
pension (H.R.3407)
• Permit a waiver of the 120-day timeline to file with the Board
of Veterans' Appeals in exceptional circumstances (H .R.5064)
• Allow veterans with fully developed claims to waive the
lengthy VA "development period" and receive an earlier decision
(H.R.5549) [Source: MOAA Leg Up 9 Jul 2010]
Mobilized Reserve 06 JUL 2010: The Department of Defense
announced the current number of reservists on active duty as of
6 JUL 2010. The net collective result is 2,393 fewer reservists
mobilized than last reported in the 1 JUL 2010 RAO Bulletin. At
any given time, services may activate some units and individuals
while deactivating others, making it possible for these figures
to either increase or decrease. The total number currently on
active duty from the Army National Guard and Army Reserve is
90,999; Navy Reserve, 6,354; Air National Guard and Air Force
Reserve, 17,111; Marine Corps Reserve, 5,223; and the Coast
Guard Reserve, 790. This brings the total National Guard and
Reserve personnel who have been activated to 120,477 including
both units and individual augmentees. A cumulative roster of all
National Guard and Reserve personnel who are currently activated
may be found at http://www.defense.gov/news/d20100706ngr.pdf .
[Source: DoD News Release No. 585-10 dtd 7 Jul 2010 ++]
Passport Obtainment ~ U.S. Update 04: The Citizenship and
Passport unit of the Manila
Embassy’s Consular Section provides services for first time
passport (with proof of U.S. citizenship), renewal,
replacement passport, additional pages; and application for
Consular Report of Birth Abroad and citizenship.
Obtainment options are:
• The U.S. Embassy has partnered with a local courier
Air21/FedEx to provide blank forms, to pick up completed forms
and documents (and deliver them the Embassy), and to deliver
completed passports to most locations in the Philippines for a
nominal fee. To receive blank application forms and a list of
requirements, you may contact Air21/FedEx Courier Service at
Tel: (02) 879-4747 between 7:30 a.m. and 4:30 p.m., Mondays
through Fridays, except American and Philippine holidays. Forms
are also available at the Embassy (American Citizen Services
Section) or can be downloaded via the U.S. Embassy website:
manila.usembassy.gov.
• Alternatively, completed application forms may be submitted
via regular mail to: Citizenship and Passport Unit, American
Citizen Services, Consular Section, U.S. Embassy, 1201 Roxas
Blvd., Manila . Once the application and supporting documents
are received at the Embassy, the Embassy will advise the
applicant when to come to the Embassy for a personal interview
appointment.
• Application for a renewal of U.S. passport may also be filed
personally (as walk-in) at the U.S. Embassy in Manila (between
7:30 a.m. and 8:30 a.m. ONLY, Monday through Friday - no
walk-ins on every last working day of the month) or American
Consular Agency in Cebu (basement of Waterfront Hotel – Lahug
City – between 9:00 a.m. and 11:00 a.m. Monday through Friday,
except holidays).
All passport applications are reviewed and processed only at the
U.S. Embassy in Manila. For applicants seen at the American
Consular Agency in Cebu, it may still be possible for them to be
invited to the U.S. Embassy in Manila , for further interview,
if necessary. Please note that walk-in applicants at the U.S.
Embassy in Manila may have to wait longer before they can be
seen by the consular officer. Priority is given to those with
pre-scheduled appointments.
The payment for passport should be made after the application is
received at the Embassy and/or after notification from the
passport processor of the case from the U.S. Embassy. U.S.
passport fee payments may be made by the applicant, or his/her
representative, at the U.S. Embassy in Manila, Window D,
American Citizen Services, between 7:30 a.m. and 11:00 a.m.,
Monday through Friday, except on U.S. and Philippine holidays or
at the American Consular Agency in Cebu (basement of Waterfront
Hotel – Lahug City – between 9:00 a.m. and 11:00 a.m. Monday
through Friday, except holidays). Cash payments mailed directly
to the Citizenship and Passport Unit, American Citizen Services,
Consular Section, U.S. Embassy, 1201 Roxas Blvd. 1000 Manila,
will be accepted. Unfortunately, the U.S. Embassy cannot assume
any responsibility for payments sent to them. Payments may be
made in cash (in person at the Embassy or via mail) or via
credit card with visa, mastercard and AmEx logos (in person only
at the Embassy). U.S. Traveler’s cheque (should be at least 60%
of the amount to be paid) is also acceptable. Note that the
actual conversion rate of dollar to peso will be determined at
the US Embassy in Manila . The attached U.S. Passport Renewal
Requirements Checklist is provided for your reference. [Source:
Citizenship and Passport Unit, American Citizen Services, U.S.
embassy Manila Philippines Jul 2010 ++]
VA Women Vet Programs Update 12: The Department of Veterans
Affairs opened registration on 8 JUL for a women Veterans forum
that will address the quality of VA health care, the provision
of benefits for women, and ways for VA to continue improving
access to the care and benefits for women Veterans. "The VA
forum will bring advocates for women Veterans together to learn
about VA services and to share valuable information with each
other," said Secretary of Veterans Affairs Eric K. Shinseki.
"The forum will also give Veterans' advocates the tools they
need to help build women Veterans networks and communities
throughout VA." Shinseki and VA department heads will attend the
forum on 28 JUL at the Women's Memorial in Arlington, Va.
Because of anticipated demand, available seats will be filled on
a first-come, first-served basis, and confirmed registrants will
be notified by email once registration is filled.
Registration-through the Center for Women Veterans by e-mail at
00W@va.gov -- closes when either all seats are filled or no
later than 16 JUL.
The Forum will run from 07-1500, with morning presentations and
an afternoon information marketplace in which participants are
invited to move through the gallery and gather resources and
materials provided by VA program offices, Veterans Service
Organizations and advocacy organizations. There will also be an
afternoon screening of the updated "Lioness" documentary film.
VA's women Veterans health conference held earlier in the month
will help inform the Forum with the most up-to-date information
available from VA's health care system. Presentations from the
event will be made available online. Feedback about this event
and announcements on future events will be available to Forum
participants. For more information contact the Center for Women
Veterans at (202) 461-6193 or by e-mail at 00W@va.gov. VA has
undertaken major initiatives to transform the department to meet
the unique health care needs of women Veterans and provide the
best quality care at every VA medical center. In addition, the
agency is working to shorten the delays for claims processing,
improve access to VA health services for minority and rural
Veterans, end Veteran homelessness, and ease the transition back
to civilian life. There are about 1.8 million women Veterans
among the nation's total of 23 million living Veterans. VA
estimates women Veterans will comprise 10.5% of the Veteran
population by 2020. [Source: VA News Release 8 Jul 2010 ++]
Vietnam Veterans Memorial Update 07: The newly refurbished Three
Servicemen Statue at
the Vietnam Veterans Memorial was unveiled 8 JUL after six weeks
of restoration. "This is a very noteworthy event," said Jan
Scruggs, founder and president of the Vietnam Veterans Memorial
Fund. "It's very noteworthy for the history of the Vietnam
Veterans Memorial, [and] it's really a notable event for our
nation's Mall and the maintenance and preservation of our
nation's Mall." The statue was created by sculptor Frederick
Hart. Nearly 26
years after its original unveiling in 1984, weather damage and
age had taken a toll on the statue. Parts of the uniforms,
weapons, hands and noses of the statue sustained some corrosion
and deterioration. The restoration was done in place, and it
repaired oxidation damage and added a new patina coating and
wax. During restoration, the statue was protected by a wooden
enclosure with three seven-foot-tall windows that allowed
tourists to view progress. "Almost 26 years later, we're here to
rededicate the statue and pledge our continued care," said
Scruggs, a Vietnam War veteran.
The statue sits on the Vietnam Veterans Memorial site about 200
feet away from and facing the Vietnam War Memorial Wall. It
depicts three servicemembers – one Hispanic, one black and one
white - and represents the more than 58,000 fallen
servicemembers memorialized on the wall, Scruggs said. "There's
a sense of artistic and dynamic tension as the servicemen gaze
at the sea of names on the wall," Scruggs said. "Over the years,
people have noted that it seems almost as if the servicemen are
looking to see if their own names or the names of their friends
are on the wall." Hart's widow, Lindy, was recognized at the
ceremony for her husband's work. Hart was the only person "who
had the extraordinary talent we were looking for and who would
design the statue in such a way as to complement the memorial,"
Scruggs said. Hart often is referred to in the artistic
community as America's Michelangelo, Scruggs said, noting his
other famous work, the Creation sculptures on the west façade of
the Washington National Cathedral. "It is really not an
exaggeration to refer to him in that manner," Scruggs said. "He
was really that good, ... as good as any of the masters in
sculpture throughout the history of the world."
One of Hart's models for the Three Servicemen Statue, William
Smith, 50, of Virginia, was present and recognized at the
ceremony. Smith's likeness was captured in the Cuban-American
servicemember on the right side of the statue, carrying a
.60-caliber machine gun over his shoulder. Smith was the only
model who didn't serve in the military. The other two were
members of the Marine Corps Honor Guard and, at the time, were
stationed at Henderson Hall Marine Barracks in Arlington, Va.
Although Smith never served, he said, he's honored that his
likeness helps to represent "some of the greatest Americans to
ever serve. Retired Army Brig. Gen. George Price, an advocate
for the statue's creation in the early 1980s, and John
Piltzecker, National Mall and Memorial Parks superintendent,
also attended the ceremony. "The National Park Service is
certainly pleased that the Three Servicemen Statue has been
restored to reflect the artist's intent," Piltzecker said. "We
will continue to work with our partner, the Vietnam Veterans
Memorial Fund, to maintain the statue for all to enjoy."
The restoration project cost about $25,000. The funds were
raised by a National Park Service share grant and an in- home
fundraiser by Lindy Hart. Individual contributions also were
made. New Arts Foundry of Baltimore did the restoration work.
The project is part of a maintenance and restoration program by
the Vietnam Veterans Memorial Fund to assist the National Park
Service in site upkeep. [Source: AFPS Michael J. Carden article
8 Jul 2010 ++]
VA Service Dogs: A new report by the Veterans Affairs Department
Inspector General says VA should be doing more for veterans
whose lives could be improved with help from service dogs. Eight
years after receiving approval to help pay for dogs to assist
veterans with mobility problems, seizure disorders or other
disabilities, a report released 7 JUL says VA has approved only
eight requests. VA officials, speaking on the condition of
anonymity, said VA supports providing service dogs for veterans
with physical and hearing issues, and does so on a case-by-case
basis. Relaxed policies that might make service dogs more widely
available are under review, but rule changes take time,
officials said. ―It is unacceptable not to exercise the
authority given to them to improve the quality of veterans’
lives,‖ said Christina Roof of AmVets, a group that has been
pushing the issue for years. When service dog benefits are
provided, VA does not pay for the dog nor its training, but
veterinary bills, vaccinations and treatments for fleas and
ticks are covered by VA. In some cases, a veteran can be
reimbursed for food if a dog is on a medically ordered diet.
The eight service dog requests were approved, all in the last
two years, only after VA conducted three research projects.
Another project is just getting under way to determine if a
veteran with post-traumatic stress or some other mental disorder
might benefit from having a canine assistant. The report from
the VA inspector general says officials do not expect a decision
based on that study before JUL 2011. It is not known how many
veterans might have been helped if VA had moved faster, but it
is clear that the agency’s policy has — at least until recently
— been one of denying requests for benefits unless all other
options are first considered. Roof said VA seems to assume that
few veterans are interested in the benefit, but the IG report
shows at least 72 veterans received service dogs on their own,
without VA’s help. Service dogs are different from trained guide
dogs. Service dogs are taught to help a disabled owner carry out
specific tasks, like pulling a wheelchair, picking up objects or
alerting him when a seizure is about to happen.
Since late last year, VA has tried to be more accommodating to
requests, the report said, and has been spreading the word among
health care workers and veterans service organizations that
service dog benefits are available — but this does not seem to
be very effective. ―We found that knowledge and use of service
dogs at VA medical centers was still incomplete and
inconsistent,‖ the report says. ―Interviews with VA medical
center staff found that these recent efforts had not completely
filtered down to all staff.‖ The IG report notes
inconsistencies, saying it dfound that a veteran with epilepsy
received benefits in January for a seizure alert dog when
officials and the Indianapolis VA Medical Center determined this
was a ―reasonable treatment option.‖ But another veteran in
Washington, D.C., with the same condition was denied an alert
dog during the same month because his request was deemed to ―not
meet criteria for VA support,‖ the report says. [Source:
ArmyTimes rick Maze article 7 Jul 2010 ++]
VA Lawsuit ~ Disability Claim Rejections: A Louisiana veterans
advocate 6 JUL accused the
Court of Appeals for Veterans Claims of rejecting many valid
disability claims. "Veterans are not being treated fairly," said
Paul Labbe, who heads the Louisiana Veterans Advocacy Group of
Lake Charles. He also said he fears that a civil rights lawsuit
alleging improper treatment by a doctor at the VA Alexandria
Medical Center in Pineville will be thrown out if a federal
judge accepts the arguments of Veterans Affairs lawyers. A
filing by government lawyers argues that the suit doesn't meet
the criteria for a civil rights case and shouldn't be allowed to
continue to trial. Members of Congress have been looking at the
issue of rejected disability claims after Assistant U.S.
Solicitor General Anthony Yang admitted during a Supreme Court
hearing in FEB 2010 that between 50% and 60% of veterans
disability cases are mishandled by the Department of Veterans
Affairs. Chief Justice John Roberts was surprised by the
admission. "Well, that's really startling, isn't it?" Roberts
said. "In litigating with veterans, the government more often
than not takes a position that is substantially unjustified?"
Labbe said the Court of Appeals for Veterans Claims continues
what he called the injustice of rejecting the vast majority of
appeals by veterans denied disability benefits by the VA.
"Veterans aren't getting any justice at this court," Labbe said
at a news conference outside the court's Washington, D.C.,
headquarters.
In 2007, a Harvard University study said it takes the Department
of Veterans Affairs an average of six months to process a
disability claim, and the appeals process takes a little less
than two years. Because many veterans applying for disability
benefits are elderly, many die before a final decision is
rendered, the study said. The House Veterans Affairs Committee
heard testimony last week about legislation that would give
veterans more time to file appeals. Rep. John Adler (D-NJ)
discussed the case of Korean War veteran David Henderson, a
diagnosed schizophrenic, who was denied a hearing because his
appeal was filed 15 days past the 120-day deadline set by the
court. His disability, Henderson said, made it impossible for
him to get the papers together in time to meet the court's
deadline. "The veterans' claims process is extremely difficult
to navigate, especially when doing so without the aid of an
attorney or while suffering from a mental disability," Adler
said. Rep. Alcee Hastings (D-FL) said he was distressed to hear
about a veteran in his state who was cut off from his veterans'
pension for a year, two days after he
voluntarily disclosed that insurance was paying some medical
costs resulting from an accident in which an automobile struck
his wheelchair, knocking him head first against the pavement.
Given that it takes many months to qualify for benefits,
Hastings said he found it disturbing that someone could be cut
off benefits in just two days. "This means that the law
effectively punishes veterans when they suffer from such an
accident or theft," Hastings said. [Source: Times-Picayune Bruce
Alpert article 6 Jul 2010 ++]
Aid & Attendance Update 04: A health care company has agreed to
pay back nearly $70,000 to local veterans and their families in
connection with a civil settlement with the Massachusetts State
Attorney General’s office. Complaints about heavy-handed and
deceptive marketing tactics by Homewatch Caregivers arose in
2007 initiating an investigation, culminating recently in the
restitution agreement. However, a public relations consultant
for the local company said the West Springfield entity simply
used a marketing plan pitched by their national parent company,
which bought into a format by Horizon Care, also a national
vendor. The local company feigned being an arm of the U.S.
Veterans Administration and offered local veterans a middle man
to access ―Aid and Attendance‖ benefits to which they are
already qualified. The benefit allows for ailing vets and their
spouses to receive home-based care to assist in eating, bathing,
dressing and similar needs. In some cases, Homewatch assisted
consumers in getting those services but would at times collect
too much or represent that veterans needed to go in to their own
pockets for Homewatch’s services. The company will not face
criminal charges, Attorney General Martha M. Coakley said. ―We
believe their marketing was unfair and deceptive but not
necessarily criminal,‖ she said, adding that 18 consumers will
receive settlements ranging from $500 to $14,000.
Peter and Judy Yaffe, owners of the company, issued a prepared
statement in response to a press release by Coakley’s office.
―We regret that some of the information supplied to us by
Horizon Care Coordinators, consultants to the parent company
Homewatch International, and shared with area veterans by our
office staff was inaccurate. P.J. Care of Western Massachusetts
(Homewatch Caregivers) has been in business since 2002 providing
exceptional home care to hundreds of area residents in the area
of senior, post surgical and chronic condition care. We remain
committed to high quality home care provided by experienced and
trained caregivers in helping people in Western
Massachusetts.‖ The statement continued, ―Information about (the
Aid and Attendance) program was supplied by our national
franchiser, Homewatch International and Horizon Care
Coordinators ... As a result of this, in 2007, P.J. Care joined
with Homewatch International and 14 other national franchisees
in successfully suing Horizon Care Coordinators for the
misleading and false information they provided and that we, and
their national franchisees, unwittingly shared with area
veterans.‖ Coakley said her office has focused on Internet
insurance card scams and similar fraud since state-mandated
health insurance was initiated. Veterans can check their
eligibility for the Department of Veterans Affairs Aid &
Attendance program at www.vba.va.gov/bln/21/pension/vetpen.htm#3
. [Source: www.Mass.live.com Stephanie Barry article 8 Jul 2010
++]
PTSD Update 50: The government is preparing to issue new rules
that will make it substantially easier for veterans who have
been found to have post-traumatic stress disorder to receive
disability benefits, a change that could affect hundreds of
thousands of veterans from the wars in Iraq, Afghanistan and
Vietnam. The regulations from the Department of Veterans
Affairs, which will take effect as early as 5 JUL and cost as
much as $5 billion over several years according to Congressional
analysts, will essentially eliminate a requirement that veterans
document specific events like bomb blasts, firefights or mortar
attacks that might have caused PTSD., an illness characterized
by emotional numbness, irritability and flashbacks. For decades,
veterans have complained that finding such records was extremely
time consuming and sometimes impossible. And in the wars in
Afghanistan and
Iraq, veterans groups assert that the current rules discriminate
against tens of thousands of service members — many of them
women — who did not serve in combat roles but nevertheless
suffered traumatic experiences.
Under the new rule, which applies to veterans of all wars, the
department will grant compensation to those with PTSD. if they
can simply show that they served in a war zone and in a job
consistent with the events that they say caused their
conditions. They would not have to prove, for instance, that
they came under fire, served in a front-line unit or saw a
friend killed. The new rule would also allow compensation for
service members who had good reason to fear traumatic events,
known as stressors, even if they did not actually experience
them. There are concerns that the change will open the door to a
flood of fraudulent claims. But supporters of the rule say the
veterans department will still review all claims and thus be
able to weed out the baseless ones. ―This nation has a solemn
obligation to the men and women who have honorably served this
country and suffer from the emotional and often devastating
hidden wounds of war,‖ the secretary of veterans affairs, Eric
K. Shinseki, said in a statement to The New York Times. ―This
final regulation goes a long way to ensure that veterans receive
the benefits and services they need.‖
Though widely applauded by veterans’ groups, the new rule is
generating criticism from some quarters because of its cost.
Some mental health experts also believe it will lead to economic
dependency among younger veterans whose conditions might be
treatable. Disability benefits include no-cost physical and
mental health care and monthly checks ranging from a few hundred
dollars to more than $2,000, depending on the severity of the
condition. ―I can’t imagine anyone more worthy of public largess
than a veteran,‖ said Dr. Sally Satel, a psychiatrist and fellow
at the American Enterprise Institute, a conservative policy
group, who has written on PTSD. ―But as a clinician, it is
destructive to give someone total and permanent disability when
they are in fact capable of working, even if it is not at full
capacity. A job is the most therapeutic thing there is.‖ But
Rick Weidman, executive director for policy and government
affairs at Vietnam Veterans of America, said most veterans
applied for disability not for the monthly checks but because
they wanted access to free health care. ―I know guys who are
rated 100 percent disabled who keep coming back for treatment
not because they are worried about losing their compensation,
but because they want their life back,‖ Mr. Weidman said.
Mr. Weidman and other veterans’ advocates said they were
disappointed by one provision of the new rule: It will require a
final determination on a veteran’s case to be made by a
psychiatrist or psychologist who works for the veterans
department. The advocates assert that the rule will allow the
department to sharply limit approvals. They argue that private
physicians should be allowed to make those determinations as
well. But Tom Pamperin, associate deputy under secretary for
policy and programs at the veterans department, said the agency
wanted to ensure that standards were consistent for the
assessments. ―VA and VA contract clinicians go through a
certification process,‖ Mr. Pamperin said. ―They are well
familiar with military life and can make an assessment of
whether the stressor is consistent with the veterans’ duties and
place of service.‖
More than two million service members have deployed to Iraq or
Afghanistan since 2001, and by some estimates 20% or more of
them will develop PTSD. More than 150,000 cases of PTSD. have
been diagnosed by the veterans health system among veterans of
the two wars, while thousands more have received diagnoses from
private doctors, said Paul Sullivan, executive director of
Veterans for Common Sense, an advocacy group. But Mr. Sullivan
said records showed that the veterans department had approved
PTSD. disability claims for only 78,000 veterans. That suggests,
he said, that many veterans with the disorder are having their
compensation claims rejected by claims processors. ―Those
statistics show a very serious problem in how V.A. handles PTSD
claims,‖ Mr. Sullivan said. Representative John Hall (D-NY), and
sponsor of legislation similar to the new rule, said his office
had handled dozens of cases involving veterans who had trouble
receiving disability compensation for PTSD, including a Navy
veteran from World War II who twice served on ships that sank in
the Pacific. ―It doesn’t matter whether you are an infantryman
or a cook or a truck driver,‖ Mr. Hall said. ―Anyone is
potentially at risk for post-traumatic stress.‖ [Source: New
York Times James Dao article 7 Jul 2010 ++]
VA Presumptive VN Vet Diseases Update 08: The Secretary of
Veterans Affairs said during
a brief visit 6 JUL to Salt Lake City said, "The federal
government did not address military members’ exposure to Agent
Orange during the Vietnam War ―the way that might have been and
the way that should have been.‖ Thousands of Vietnam veterans
waited for decades before medical conditions they acquired
during the war were connected to exposure to the toxic
defoliant. And that meant that many went without the medical
care and compensation they deserved while suffering from
debilitating diseases caused by their service. But as evidence
mounts suggesting that many of the nation’s latest generation of
veterans have been sickened by service in Iraq and Afghanistan,
Secretary Eric Shinseki defended a century-old standard
requiring scientific proof before veterans can be compensated
for their suffering. Thirty-five years after the end of the
Vietnam War, the V.A. is still slowly adding to the list of
conditions recognized as related to Agent Orange exposure,
including three illnesses — Parkinson’s disease, ischemic heart
disease, and B cell leukemias — that have been added to the list
under Shinseki’s watch. The former Army general, himself a
combat-wounded veteran of the Vietnam War, said ―nothing‖ was
done to immediately respond to veterans who grew inexplicably
sick after returning home from Vietnam. Shinseki said his
department was working tirelessly to help veterans establish
proof sooner. ―What we’re trying to change is the opportunity to
establish the connection,‖ he said, noting that millions of
federal dollars have been poured into research into military
members who have been exposed to open-air burn pits — one of the
probable culprits in a variety of medical conditions suffered by
veterans, including cancer, skin conditions and blood disease.
But in the meantime, the secretary said, the standard requiring
medical proof of a disease’s cause is ―the law.‖ [Source: Salt
Lake Tribune Matthew D. LaPlante article 6 Jul 2010 ++]
Vet Jobs Update 20: In today's economic climate, transitioning
from the military to the civilian world will mean entering an
unyielding job market and period of unemployment for most
veterans. In fact, the unemployment rate for former
servicemembers from Iraq and Afghanistan conflicts rose from 10%
in MAY to 11.5% in JUN 2010, according to the Bureau of Labor
Statistics. But, a tight job market is only part of the veteran
unemployment problem. A recent study from the Society of Human
Resource Management (SHRM) revealed that veterans face two major
hurdles when finding civilian employment: translating their
military experience into civilian skills; and hiring managers'
lack of knowledge about policies designed to help veterans get
employment. The SH RM study titled, "Employment Military
Personnel and Recruiting Veterans-Attitudes and Practices,"
randomly polled 429 employers. SH RM's study is part of an
initiative to help address the high unemployment rate among
veterans, and aims to connect them to gainful employment. It is
committed to working with federal agencies, such as the
Department of Labor and civilian HR professionals to create
initiatives to get veterans hired. The results of their study
found that:
• 60% of hiring professionals said that many veterans report
having difficulty writing resumes, interviewing, and adapting to
workplace culture, in addition to not being able to explain
their military skills to employers effectively.
• Even though 50% of employers surveyed report making a specific
effort to hire veterans, a high amount hiring managers were
unaware of the Department of Labor's veteran employment
initiatives- 68% were unaware of the Local Veterans' Employment
Representative; 70% were unfamiliar with the Disabled Veterans
Outreach Program.
• 46% of hiring managers thought post traumatic stress issues,
as well as other combat-sustained brain injuries, would present
a problem for veteran employment. However, only 13% of employers
reported actually having issues with veterans who suffered from
PTSD in the civilian workplace.
Laurence G. O'Neil, president and CEO of SHRM, in a
company-issued statement said, "The high unemployment rate of
military veterans is startling." According to the study, when
asked what tools and resources "would help a lot" with the
military-to-civilian workforce transition, 39% of employers
responded with programs to train veterans with additional skills
for the workplace; 36% said programs to help veterans translate
military experience into civilian skills sets; and 32% said
programs and initiatives to help find and reach out to qualified
veterans to fill open positions. Veterans seeking employment are
encouraged to check out
www.military.com/Careers/Home/0,13373,,00.html where job
listings, resume writing assistance, and career fairs locations
are provided. [Source: Military.com | Veteran Careers Kelly
Johnson article Jul 2010 ++]
Fisher House Expansion Update 05: There is at least one Fisher
House at every major military medical center to assist families
in need and to ensure that they are provided with the comforts
of home in a supportive environment. Annually, the Fisher House
program serves more than 10,000 families, and have made
available nearly three million days of lodging to family members
since the program originated in 1990. By law, there is no charge
for any family to stay at a Fisher House operated by the
Department of Veterans Affairs; and Fisher House Foundation uses
donations to reimburse the individual Fisher Houses operated by
the Army, Navy, and Air Force. Fisher Houses ease financial
burden and stress. They look like houses and the atmosphere is a
more comfortable alternative for veterans' families. This year
seven more houses will open, representing the most new ones
opened in a single year in the organization's 20-year history.
The current Fisher Houses are located on 18
military installations and near 15 VA medical centers. Fisher
House opened a facility near the Illinois VA hospital in MAR. It
was the most recently opened of 45 houses across the country
that offer lodging at no cost to veterans and their families who
have to travel more than 50 miles to get treatment at
government-run Veterans Affairs hospitals.
Fisher House plans to open a facility at the VA hospital in
Boston this month and in St. Louis in AUG. In the fall it plans
to open a house at Dover Air Force Base in Delaware for families
traveling to pick up the bodies of servicemembers killed in
combat. A Fisher House was built near the VA hospital in Dallas
last year. The hospital provides care for veterans from North
Texas and parts of Oklahoma and Louisiana. Fundraising efforts
are underway to build Fisher Houses in at least 15 other cities.
A volunteer group is in the process of raising money for a
Fisher House that would be built next to the Alvin C. York VA
Medical Center in Murfreesboro TN giving temporary lodging to
patients who have to travel for treatment at VA hospitals there
or in Nashville. President Obama donation of $250,000 from his
Nobel Peace Prize award to will go in its entirety directly to
supporting the Fisher Houses being built at Bethesda Naval
Hospital and Dover Air Force Base. Of all other donations
ninety-six cents of every dollar goes directly towards program
costs. For additional info on the Fisher House foundation refer
to www.fisherhouse.org. [Source: USA Today Clay Carey article 5
Jul 2010 ++]
Louisiana Vet Cemeteries: Central Louisiana finally will get its
long-awaited Veterans Cemetery sometime this fall, but a
Louisiana Department of Veterans Affairs spokeswoman says it
could be years before northeastern Louisiana veterans and their
families have their own burial ground. The News Star reported on
5 JUL that a bid will be awarded July 15 to build the Veterans
Cemetery in Leesville near Fort Polk, with construction to be
completed later this year. Though a site in Richland Parish was
chosen four years ago for a Veterans Cemetery in northeastern
Louisiana, the project is no closer to reality because of
diminished funding available from the U.S. Department of
Veterans Affairs, which pays 100% of the cost. The military
service requirement for burial in Louisiana state veterans
cemeteries must be in accordance with the eligibility standards
set by the U.S. Department of Veterans Affairs, National
Cemetery Administration; at a minimum, one must meet one of the
following:
. Veteran was discharged from active duty under other than
dishonorable conditions,
• Veteran died while on active duty
• Veteran served at least 20 years in the National Guard or
Reserves and qualified for military retirement pay (or would
have qualified, except death occurred before age 60)
Spouses and dependent children of veterans who were eligible for
burial may also be interred in state veterans cemeteries. Burial
benefits may include the following: gravesites for casket or
cremation remains, headstones or markers, opening and closing of
the graves, and continued perpetual care. Burial of an eligible
veteran is at no cost to the veteran. A fee is charged at the
time of interment for spouses and dependent children of eligible
veterans. At present veterans can obtain burial services at the
state’s Northwest LA Veterans Cemetery, 7970 Mike Clark Road,
Keithville, LA 71047 Tel: (318) 925-0612/5521F or Email:
nlvc@vetaffairs.la.gov. In addition there are three federal
cemeteries located at:
• Alexandria National Cemetery, 209 East Shamrock Ave.,
Pineville, LA 71360
• Baton Rouge National Cemetery (No new interments), 220 North
19th Street, Baton Rouge, LA 70806
• Port Hudson National Cemetery, 20978 Port Hickey Road,
Zachary, LA 70791 Tel: (225) 654-3767 [Source: The News-Star AP
article 5 Jul 2010 ++]
Heat Exhaustion/Stroke: Summer means outdoor fun -- from hiking
and swimming to music festivals and county fairs to dancing in
the street--but summer fun can quickly turn tragic if you or
someone you care about ends up with heat exhaustion or heat
stroke. As temperatures rise, so does the risk that your body's
natural cooling system will malfunction or shut down if you fail
to take proper precautions. Although heat exhaustion and heat
stroke (sometimes called sun stroke) can affect anyone, seniors
are more prone to heat stress than younger people for a variety
of reasons. In general, seniors do not adjust as easily or as
well to sudden temperature changes, and they may have chronic
medical conditions or take prescription drugs that interfere
with their bodies' ability to regulate heat. As part of your
preparation for summer you should know how to recognize the
symptoms of heat exhaustion and heat stroke plus what to do if
you see someone with either of these dangerous conditions. The
following will assist you in this:
Who Can be affected. As summer temperatures climb in some parts
of the U.S., more people are vulnerable to heat exhaustion and
heat stroke. The Centers for Disease Control (CDC) report that
approximately 400 people die each year from excessive natural
heat, and that these deaths are preventable. And while seniors
are more likely to be affected by high temperatures and
heat-related problems than younger people, heat exhaustion and
heat stroke can affect anyone if the conditions are right. This
includes animals. Be sure to provide shade and plenty of cool,
fresh drinking water for your pets, and never leave a pet, child
or elderly person in a locked car on hot days.
Heat Exhaustion. Heat exhaustion is a milder form of
heat-related illness that can develop after several days of
exposure to high temperatures, along with dehydration caused by
inadequate or unbalanced replacement of fluids.
Heat Exhaustion symptoms. People respond to heat exhaustion in
different ways, but the CDC reports that common symptoms
include: Heavy sweating; Paleness; Muscle cramps; Tiredness;
Weakness; Dizziness; Headache; Nausea or vomiting; Fainting;
Skin: may be cool and moist; Pulse rate: fast and weak
Breathing: fast and shallow
Heat Stroke. The CDC reports that heat stroke is the most
serious heat-related illness. Heat stroke occurs when the body
is exposed to an excessive amount of heat and becomes unable
dissipate the heat through sweating. When heat stroke happens,
the body’s temperature rises rapidly, the body loses its ability
to sweat, and it is unable to cool down. Body temperature can
rise to 106°F or higher within 10 to 15 minutes, and at 106°F
brain death begins. If emergency treatment is not provided, heat
stroke can cause death or permanent disability in humans and
animals.
Heat Stroke Symptoms. The CDC advises that warning signs can
vary among individuals, but common signs of heat stroke may
include: An extremely high body temperature (above 103°F); Red,
hot, and dry skin (no sweating); Rapid, strong pulse; Throbbing
headache; Dizziness; Nausea.
Prevention. Heat exhaustion and heat stroke can be avoided if
you protect yourself from heat-related stress by follow these
prevention tips from the CDC:
• Drink cool, non-alcoholic, non-caffei nated beverages. The CDC
recommends that if your doctor generally limits the amount of
fluid you drink or prescribes water pills for you, ask him or
her how much you should drink when the weather is hot. It's best
to avoid extremely cold liquids because they can cause stomach
cramps.
• Drink water regularly throughout the day, even if you don't
feel thirsty. Once you recognize the feeling of thirst,
dehydration is already taking place.
• Be aware that some medications can make you more vulnerable to
heat exhaustion. For example, painkillers can mask some of the
symptoms of heat exhaustion, and laxatives can increase the risk
of dehydration. If you have any questions about prescription or
over-the-counter medications, check with your doctor or
pharmacist.
• Rest, often. If you need an excuse to be a couch potato, hot
days are just the ticket.
• Take a cool shower, bath, or sponge bath.
• If possible, seek an air-conditioned environment. If you don't
have air conditioning, consider visiting an air- conditioned
shopping mall or public library to cool off.
• Wear lightweight clothing.
• If possible, remain indoors during the hottest parts of the
day.
• Do not engage in strenuous activities.
Helping Seniors Cope with Hot Weather. If you have elderly
friends, relatives or neighbors, you can help them protect
themselves from heat-related stress:
• Visit older adults at risk at least twice a day and watch them
for signs of heat exhaustion or heat stroke.
• Make sure they are keeping themselves hydrated by drinking
plenty of cool water.
• Encourage them to avoid beverages with caffeine or alcohol.
Alcohol, in particular, increases dehydration.
• Take them to air-conditioned locations if they have
transportation problems.
• Make sure older adults have access to an electric fan whenever
possible.
What to Do If You See Someone With Heat Exhaustion or Heat
Stroke. Keep in mind that if you see any signs of severe heat
stress, you may be dealing with a life-threatening emergency.
Have someone call for immediate medical assistance while you
begin cooling the affected person. The CDC recommends get the
person to a shady area and cool the person rapidly, using
whatever methods you can, for example:
• Immerse the person in a tub of cool water
• Place the person in a cool shower
• Spray the person with cool water from a garden hose
• Sponge the person with cool water
• If the humidity is low, wrap the person in a cool, wet sheet
and fan him or her vigorously
• Monitor body temperature and continue cooling efforts until
the body temperature drops to 101°-102°F.
• If emergency medical personnel are delayed, call the hospital
emergency room for further instructions.
• Do not give the person alcohol to drink.
• Get medical assistance as soon as possible.
[Source: About.com | Senior Living Sharon O'Brien 1 Jul 2010 ++]
VA Prostate Cancer Program Update 07: Over the past year, the
Philadelphia VA Medical
Center has taken most of the public heat for a prostate cancer
treatment program that went astray for six years, giving
incorrect radiation doses to 97 out of 114 veterans. Now the
University of Pennsylvania - which designed, staffed, and
supervised the radiation program - is feeling the heat. Five
veterans who received substandard therapy have filed federal
lawsuits against various university entities, including its
hospital and health system. That number may well grow because
veterans who have sought compensation from the VA can file a
federal lawsuit six month later, or anytime after a claim is
denied. So far, the VA has rejected 12 of 38 claims seeking $71
million in damages. Donna Lee Jones, a Philadelphia attorney
representing three of the veterans suing in federal court,
predicted "there's going to be a battle" with Penn over whether
it should be part of the case. Added her partner, attorney
Michael Barrett, "We think there will be plenty of
finger-pointing between the VA and Penn trustees. But Penn's
fingerprints are all over everything."
Penn spokeswoman Susan Phillips said 2 JUL the university could
not comment on pending litigation. For the past year, she had
said Penn could not comment on the various federal and
Congressional inquiries that were underway. Penn, which uses the
VA Medical Center as a teaching hospital for its medical
students, contracted with the VA to run the prostate cancer
treatment program, called brachytherapy. It involves implanting
dozens of tiny radioactive seeds into the prostate gland to kill
cancer cells over several months. Brachytherapy is effective
when done properly, but if too many seeds are misplaced, the
cancer may be spared, or healthy surrounding tissues may be
damaged - or both. Penn assigned radiation oncologist Gary Kao
to head the VA brachytherapy program. Kao, who performed most of
the improper seed implants, is also named in the federal
lawsuits, along with the Department of Veterans Affairs.The five
veterans who are suing Penn are Richard Mitchell, James
Armstrong, John Berry, Barry Lackro, all of Philadelphia, and
Donald Pepper of Smyrna, Del. Lackro's cancer has recurred and
become incurable, while Berry has signs of recurrence, according
to their court filings. All five men claim to suffer from
radiation damage to their bladder, rectum or other organs, as
well as severe emotional distress.
Their lawsuits contend Penn is liable for their injuries based
on two established legal precedents: Hospitals are "vicariously"
responsible for the medical negligence of doctors they employ.
And hospitals that have inadequate policies, procedures,
equipment and oversight can be found guilty of "corporate
negligence." Still, there are gray areas. For example, Lackro's
attorney, Mitchell Paul, said he agreed to drop Penn's Board of
Trustees from the lawsuit after Penn attorneys argued that the
trustees are overseers who don't get involved in managing
doctors. Attornies Barrett and Jones, in contrast, said they
will not drop the trustees from their three clients' suits.
There is similar disagreement over whether Penn's School of
Medicine should be a defendant. Up to now, Penn's integral role
in the VA brachytherapy program has been recognized, but not
penalized.
In May, the Nuclear Regulatory Commission, which oversees
medical radiation usage levied a $227,500 fine against the
Philadelphia VA - the NRC's second-largest fine ever - citing a
"total breakdown" in the program, safety procedures, and
management. In a separate report last month, the Department of
Veterans Affairs Inspector
General's office said the Philadelphia VA's contract with Penn
was non-existent or inadequate during the six years of the
program. It also said the VA ended up overpaying for Penn's
services. Public documents and testimony at hearings have shown
that it was Penn who hired, appointed - and in some case,
trained - the radiation oncologists, urologists, physicists,
technicians, and radiation safety committee chair who worked at
the VA. "We think it was primarily the Hospital of the
University of Pennsylvania running the show, and the VA was just
the shell," Jones said. [Source: Philadelphia Inquirer Marie
McCullough article 2 Jul 2010 ++]
Money Transfer: Need to transfer money overseas quickly from the
United States? One option is www.zoom.com . This site enables
individuals to send money from any Internet-enabled computer.
You can send up to $2999 (maximum of only $2000 to 4 of 30
countries listed) and pay with a banking account. You can also
pay with a major credit or debit card but the fees are
considerably higher. Regardless of payment method the fees in
most cases are considerably less than Western Union. On the Zoom
website is a conversion table for the currency the money will be
transferred in. Fees vary by the country selected. For example:
• To transfer $2999 to the Philippines using your bank account
the fee is $4.99 and using Zoom’s 5 JUL dollar to peso rate of
$1 = P45.8008 they would be receiving P137,356.58. Your bank
account would be charged $3,003.99. Using a major credit or
debit card it would be charged $3,058.99.
• To transfer $2999 to Germany using your bank account the fee
is $4.99 and using Zoom’s 5 JUL dollar to Euro rate of $1 =EUR
0.7845 they would be receiving EUR 2,352.66 Your bank account
would be charged $3,003.99. Using a major credit or debit card
it would be charged $3,148.99.
• To transfer $2999 to Costa Rica using your bank account the
fee is $24.99 and they would be receiving $2999. Your bank
account would be charged $3,023.89. Using a major credit or
debit card it would be charged $3,084.99.
Recipients do not need a bank account or Internet connection to
receive funds. For the delivery of funds you can select
receiving options of cash pickup, bank deposit, or in some
geographic areas home delivery. Location options for cash pickup
and home delivery vary with the country selected. A 100
character message to the recipient can be included. You will be
sent a series of email notifications informing you of the status
of your transaction. The first is sent shortly after you submit
a Xoom transaction. The second when your payment has cleared and
Xoom transfers your transaction to their partner in the
recipient's country. Upon completion of the transaction, Zoom
sends another email telling you that your recipient has received
the funds. Cancellation of the money transfer is possible (if it
has not been delivered) following the online guidelines. The
service is not available residents of Wyoming, West Virginia and
Vermont. Xoom Corporation was founded in 2001 in San Francisco
and is backed by leading venture firms Sequoia Capital, New
Enterprise Associates and Fidelity Ventures. [Source: zoom.com
Jul 2010 ++]
Flag Presentation Update 03: Prior to Flag Day, 14 JUN 1923,
neither the federal government nor the states had official
guidelines governing the display of the United States’ flag. On
14 JUN 1923, the National Flag Code was constructed by
representatives of over 68 organizations, under the auspices of
the National Americanism Commission of The American Legion. The
code drafted by that conference was printed by the national
organization of The American Legion and given nationwide
distribution. On 22 JUN 1942, the Code became Public Law 77-623;
chapter 435. Little had changed in the code since the Flag Day
1924 Conference. The most notable change was the removal of the
Bellamy salute due to its similarities to the Hitler salute.
Additional modifications were:
• The Freedom to Display the American Flag Act of 2005 prohibits
real estate management organizations
from restricting homeowners from displaying the Flag of the
United States on their own property.
• The Army Specialist Joseph P. Micks Federal Flag Code
Amendment Act of 2007 added a provision to fly the flag at
half-staff upon the death of a member of the Armed Forces from
any State, territory, or possession who died while serving on
active duty. It also gave the mayor of the District of Columbia
the authority to direct that the flag be flown at half-staff.
Federal facilties in the area covered by the governor or mayor
of the District of Columbia will also fly the flag at half-staff
as directed.[1 1]
• The Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Sec. 595.) allows the military salute for the
flag during the national anthem by members of the Armed Forces
not in uniform and by veterans.
[Source: http://en.wikipedia.org/wiki/United_States_Flag_Code
Jul 2010 ++]
Arlington National Cemetery Update 12: The secretary of the Army
said 30 JUN that officials
were prepared to dig up graves, open caskets and take DNA
samples from the deceased if it is necessary to sort out the
record-keeping chaos at Arlington National Cemetery. "If we are
so authorized and if it is necessary, we have not ruled out the
possibility of actually opening caskets," said Army Secretary
John McHugh, noting that it would be
an extreme measure, ". . . and should it thereafter become
necessary for DNA . . . that would be something we would
contemplate." McHugh spoke at a hearing of the House Armed
Services Committee called to look into recent revelations of
mismanagement, mishandling of remains and extensive record
foul-ups at the nation's most hallowed cemetery. A probe by the
Army inspector general, unveiled June 10, found a wide array of
long-standing problems at the cemetery. Among other problems,
the Army found 211 discrepancies between burial maps and grave
sites and cases in which funeral urns were inadvertently dug up
and dumped in a dirt pile.
McHugh said investigators already are digging into some of the
117 sites without tombstones or burial cards that are marked as
occupied on cemetery maps to see whether anyone is buried there.
No names were associated with the map sites. Five have been
examined so far, an Army spokesman said. In each case "the map
was in error," McHugh said. "There were no remains in those
graves, and those graves will be reclaimed and reused for
appropriate purposes and a fallen hero sometime in the future."
The Army also found 94 graves that had tombstones and burial
cards but were not listed on cemetery maps. Twenty-two of those
sites have been probed so far and found to be occupied, a
cemetery spokeswoman said. Committee Chairman Ike Skelton
(D-Mo.) said he thinks a complete survey of graves at the
cemetery should be conducted to check for burial mistakes.
Skelton said the Army 's recent investigation into mistakes at
the cemetery was so "limited" that it probably revealed "only a
fraction of the problem. We must be prepared that a 100% survey
of the cemetery and all its operations, which I believe must now
be undertaken, will yield a larger number of problems that must
be addressed." The Army has focused, so far, on only three of
the cemetery's 70 sections.
McHugh said a complete cemetery survey was possible but would be
difficult. "To do that for 330,000 [graves] is going to take a
better system of record-keeping," he said. As soon as the
cemetery's antiquated records system is improved, "we will begin
checking and cross-checking those records for all of those
graves." In addition to the record-keeping problems, the
inspector general found a dysfunctional management system and a
poisonous relationship between cemetery Superintendent John C.
Metzler Jr. and Deputy Superintendent Thurman Higginbotham. The
two men had been at odds as far back as 1992, the year after
Metzler took over at the age of 39, said Lt. Gen. R. Steven
Whitcomb, the Army's inspector general, who also testified at
the hearing. "It appears that they struck some kind of
accommodation where they kept in separate lanes," Whitcomb said.
"Although what we found and what contributed to the unhealthy
work environment was those lanes tended to overlap." Metzler,
who had grown up at the cemetery while his father served as
superintendent from 1951 to 1972, was issued a severe reprimand
by the Army. He is retiring 2 JUL. Higginbotham has been on paid
administrative leave pending a disciplinary review.
"I cannot understand how the Army has allowed the problem to
fester for years," Skelton said. "There is clear evidence that
in 1992 the Army was aware of a level of leadership discord at
Arlington that would not have been tolerated at any other
organization," he said. "The situation cried out for
intervention, but the Army's response was to further withdraw
from Arlington Cemetery operations," he said. Also at the
hearing officials disclosed that the Defense Department's probe
of the 2008 firing of cemetery public affairs officer Gina Gray
did not find that firing constituted reprisal because cemetery
officials did not know of her whistleblowing when they decided
to fire her. But the firing of Gray, whose later revelations
helped spark the current cemetery investigation, was an "obvious
failure to exercise sound personnel management," according to a
one-page summary of the probe made public after the hearing. The
department recommended that the Army take "corrective action"
against the responsible cemetery
officials and find an "appropriate remedy" for Gray. In an
e-mail, Gray said cemetery officials "knew very well" of her
whistleblowing when they fired her. "It's hard to imagine how
the Defense Department is ignoring those facts now," she wrote.
"But nothing is surprising me about this scandal, since it's
what I've been saying for years." [Source: Washington Post
Michael E. Ruane article 1 Jul 2010 ++]
VA Office of the General Counsel: Will Gunn, the general counsel
for the Department of Veterans Affairs told House members on 30
JUN that, despite a backlog of cases, his office's attorneys are
ethical and high performing. The House Committee on Veterans
Affairs Subcommittee on Oversight and Investigation held a
hearing that morning to discuss challenges faced by the VA's
Office of the General Counsel (OGC), such as extensive backlog
of cases, incomplete or false contracting information and
allegations of legal malpractice by some of its attorneys.
Chairman Harry Mitchell (D-AZ) says these issues are especially
troubling given VA OCG's 9.2% budget increase in fiscal 2010 and
its requested 9.6% increase for fiscal 2011. "The bottom line
here is that we make certain the resources Congress provides the
VA are being allocated properly in order to provide the most
benefit for Veterans and the American public," Mitchell says.
Some of the issues are recurring. Mitchell says the subcommittee
has reviewed many cases in recent years regarding insufficient
or inaccurate counsel and support of contract management. Other
VA OGC deficiencies, he adds, include poor relations between
contract managers and VA attorneys, extensive case backlogs, and
delayed health directives. Gunn acknowledged these concerns but
says the recent budget increase has allowed VA OGC to increase
its staff and start addressing those issues.
The subcommittee also heard testimony from Matthew Tulley, a
partner at Tulley, Rinckney PPLC, a firm that represents VA
employees in suits against VA. Tulley says VA OGC attorneys,
especially those in the office's employment law division,
continually violate the ethical standards laid out by the
Supreme Court and state bar associations. He says "a few bad
apples" with inappropriately close ties to VA managers are
harming Veterans, VA employees, and attorneys who represent
them. According to Tulley, violations include witness badgering,
delay tactics known as mooting, threats of punitive action in
the workplace, and document falsification. These produce a
chilling effect directly on VA employees who want to file suit
against the department and indirectly on attorneys who might
represent them by making legal proceedings too costly and time
consuming, he says.
Tul ley recommends creating an independent office of
professional responsibility with the ethical standards used by
the Department of Justice. He says this would both discourage
attorneys from acting improperly as well as create a structure
for ethical oversight that currently does not exist. Gunn, who
has been general counsel for just over a year, says he has never
heard allegations of unethical practices before today's hearing.
He does say, however, that he has instructed his office to
create an internal process for reviewing complaints of
unprofessional conduct by their attorneys. "I am committed to
providing service that is based in excellence and integrity. As
an Airforce Officer I live by certain core values. Those values
are integrity first, service to others before self, and
excellence in all that I do. I am committed to instilling those
principles throughout the OCG," he says. [Source: Federal News
Radio Meg Beasley article 30 Jun 2010 ++]
VA Treatment Access: The VA Inspector General and a number of
veterans' advocates have been claiming since the early days of
the Iraq War, when soldiers returning from OEF began flooding VA
facilities, that the Veterans Health Administration (VHA)
systematically delays and denies sick veterans medical care and
masks it with bogus documentation. Now an internal department
memo, posted 30 JUN on VA Watchdog website www.vawatchdog.org ,
lends credence to these charges. The 26 APR memo from William
Schoenhard, Deputy Undersecretary for Health Operations and
Management, alerts supervisors overseeing scheduling that he has
learned of unacceptable practices. VA facilities have adopted
what he calls ―gaming strategies‖ in order to improve scores
on various access measures by diminishing patient access to
treatment. An eight-page attachment identifies 24 practices
detected so far, but Schoenhard says there may be more. Some of
those identified in the memo include:
• Using fine-print rules to cancel patients' appointments. Here,
a patient arrives on time for an appointment only to be told he
has no appointment. When the patient shows the employee his/her
appointment form, the employee shows the patient the fine print
on the form, which says that patients who do not come 10
(sometimes 15) minutes early to check in risk cancellation.
• Employees enter into the computer a later date (often by
months) than the doctor has specified for a return visit.
• Recording a patient's initial request to be treated in a paper
log, not the computer system, then calling them in months or a
full year later (law requires they be seen within 30 days) and
recording that date as their first request to be seen.
• Booking several patients in the same time slot for the same
doctor or provider, leaving patients to wait for hours to be
seen, sometimes for something as simple as a monthly
prescription renewal, which, due to frustration or obligation,
they sometimes leave without.
Schoenhard told CNN he had no personal knowledge of any VA
facility using the inappropriate scheduling practices, but
issued the memo to avoid future problems. Yet, in his memo
outlining medical appointment gaming, Schoenhard says: "It has
come to my attention that in order to improve scores on assorted
access measures, certain facilities have adopted use of
inappropriate scheduling practices sometimes referred to as
gaming strategies." The memo is available for viewing at
www.vawatchdog.org/10/nf10/nfjun10/jun10files/gamingthesysystem.pdf
. Paul Sullivan, director of the veterans’ advocacy group,
Veterans for Common Sense (VCS), told AlterNet he believes
Schoenhard's memo "forces a key leadership test upon VA
Secretary Eric Shinseki" to end the shenanigans and solve the
underlying problems." [Source: AlterNet Nora Eisenberg article
30 Jun 2010 ++]
VAMC St. Louis MO Update 01: The Veterans Administration said 1
JUL that the chief of dental services at the St. Louis VA
Medical Center has been placed on administrative leave after the
hospital urged nearly 2,000 veterans to return for blood tests
because inadequately sterilized equipment may have exposed them
to viral infections during dental procedures. An independent
board will also investigate how employees failed to properly
sterilize the dental equipment that potentially exposed veterans
to infections including hepatitis and HIV, the administration
said. "The mistakes made at the St. Louis VA Medical Center are
unacceptable, and steps have been and continue to be taken to
correct this situation and assure the safety of our veterans,"
VA Secretary Eric Shinseki said. The VA sent letters out Monday
to 1,812 veterans who had dental procedures at the St. Louis
center from Feb. 1, 2009, through March 11 of this year, saying
reviews determined that some sterilization steps in preparing
dental instruments were not in compliance with standards.
Officials say the infection risk is extremely low, and no
illnesses have been uncovered so far out of some 100 veterans
who have come in for blood work that will screen for hepatitis
B, hepatitis C and HIV. The VA said 184 people had signed up to
be tested as of 1 JUL. VA Under Secretary for Health Dr. Robert
Petzel said Thursday the problem arose because workers
prewashing dental equipment failed to use a detergent before the
equipment was sterilized. He said that failure allowed for a
"phenomenally remote" chance that sterilization might not have
been effective. Petzel said he found there was a need for an
independent review by the national Administrative Investigation
Board "to determine the reasons for failure to follow correct
procedures." He said expects the investigation to begin next
week and take 60 days at most. Rep. Russ Carnahan (D-MO) said
the House Veterans' Affairs Committee also said they will
investigate what happened at the center and planned to hold a
hearing in St. Louis. The announced investigations follow
demands for action by several lawmakers from Missouri and
Illinois — the St. Louis region's five VA facilities serve
veterans in both states. No date has been set for the Veterans'
Affairs
Committee hearing in St. Louis. Two Missouri congressmen,
Republican Blaine Luetkemeyer and Democrat William Lacy Clay,
also asked the House Oversight and Government Reform Committee
to investigate. Both serve on that committee.
Danny L. Turner, chief of dental services at the Cochran VAMC,
"says he welcomes investigations into the handling of dental
equipment at the hospital and blamed politics for distorting the
controversy. 'I have a lot of information that proves we were
doing things correctly,'" Turner "said in an interview after he
had been put on administrative leave." Lawmakers also want to
know why it took so long for the VA to inform the veterans about
the mistakes. The problem was uncovered in March and letters
went out 28 JUN. Marcena Gunter, a spokeswoman for the St. Louis
center, said the delay was because officials were evaluating the
risk posed to veterans. The VA said patients who have had dental
procedures since 11 MAR are not at risk because procedures were
corrected. Shinseki said that over the past 18 months, VA has
implemented more stringent safety oversight at its medical
facilities, and that oversight led to the identification of
problems at the St. Louis facility. Barry Searle, director of
the Veterans Affairs and Rehabilitation Division for the
American Legion, testified before Congress in May about quality
concerns at VA medical facilities." Searle "said in a phone
interview that the VA health care system is strong overall, but
that frequent turnover caused problems like the one that
happened in St. Louis."
VA centers around the country have had problems in recent years.
In 2007, Walter Reed Army Medical Center in Washington came
under scrutiny over concerns about conditions at the hospital
and treatment of veterans. At the time, St. Louis VA officials
said they were working to fix similar problems. That same year,
a surgeon at the VA hospital in Marion, Ill., resigned after a
patient bled to death following gall bladder surgery. All
inpatient surgeries were suspended. The VA found at least nine
deaths between OCT 06 and MAR 07 resulted from substandard care
at the Marion hospital, and another 10 patients died after
receiving questionable care that complicated their health.
[Source: AP Jim Salter article 1 Jul 2010 ++]
Virginia Vet Legislation: The following bills have passed both
chambers of the Virginia Congress and were approved by the
Governor for enactment with an effective date of 1 JUL 2010:
• HB.262 & SB.455: Exempts veterans from paying the Department
of Business Assistance's handling fee when establishing a small
business through the one-stop small business permitting program.
• HJ.33 & SJ. 13 : Constitutional amendment for property tax
exemption for certain veterans. Directs the General Assembly to
exempt from taxation real property that is the principal
residence of a veteran (or widow or widower of a veteran) if the
veteran has been determined by the United States Department of
Veterans Affairs or its successor agency pursuant to federal law
to have a 100% service-connected, permanent, and total
disability.
• HJ. 137: Designates the Honor and Remember Flag as the
Commonwealth's emblem of service and sacrifice by the brave men
and women of the United States Armed Forces who have given their
lives in the line of duty.
[Source: http://leg1.state.va.us Jul 2010 ++]
VA Women Vet Programs Update 11: On 29 JUN, U.S. Senator Patty
Murray (D-WA) spoke
on the Senate floor to request immediate passage of the Homeless
Women Veterans and Homeless Veterans With Children Act. The bill
was introduced in JUN 09 and passed the Senate Veterans' Affairs
Committee on 28 JAN 2010 with strong bi-partisan support.
Republican Senator Mitch McConnell objected to the legislation
on the Senate floor on behalf of Senator Tom Coburn, preventing
it from passing. "I am deeply disappointed that Senate
Republicans continued to put politics above people and blocked
my bill that would provide support for homeless women veterans
and their families," said Sen. Murray. "This is a bipartisan,
common-sense bill that would support veterans in my home state
of Washington and across the country. I am going to continue
fighting for it to pass. And I urge Senate Republicans to end
their obstruction and allow homeless women veterans across the
country to get the support they have earned." S.1237 would
expand assistance for homeless women veterans and homeless
veterans with children and would increase funding and extend
federal grant programs to address the unique challenges faced by
these veterans. Female veterans are between two and four times
as likely to be homeless than their civilian counterparts---and
they have unique needs and often require specialized services.
[Source: Vietnam Veterans of America News release 1 Jul 2010 ++]
Tricare Uniform Formulary Update 33: Beneficiaries and providers
can use the new Tricare
formulary search tool to find the most up-to-date information
about prescription medications. Located at
http://pec.ha.osd.mil/formulary search.php, the new formulary
search tool allows beneficiaries to easily find which medicines
are in the uniform formulary. These are available at all
full-service military treatment facilities and covered by
Tricare. Once a user has identified if a drug is available, they
can use the search tool to get information on a drug, such as
restriction on use. The tool also shows if the medication is
Tier One (with a $3 copay,) Tier Two (with a $9 copay) or
non-formulary (requiring a $22 copay.) It also shows when a
generic equivalent is required. As an added benefit, the new
Tricare formulary search tool has integrated the prior
authorization and medical necessity forms and criteria into a
search engine while still maintaining a page with a complete
list of all criteria and forms. Any restrictions such as
quantity or age limits are displayed in one location. "This
should make it easier to find all relevant information about a
specific drug instead of trying to click on different links to
other Web pages and sort through vast amounts of information,"
said Jeremy Briggs, a pharmacy operations center official and
search tool designer. "The idea is to have all that information
available with one search, but still link back to pages for
in-depth information." The search tool's functionalities will
increase and become more refined, based on feedback provided by
patients and providers. "The new Tricare formulary search tool
is adaptable to meet the ever changing needs of our
beneficiaries and we are planning to meet those needs," Mr.
Briggs said. [Source: Tricare News Release 30 Jun 2010 ++]
National Cemetery Administration Update 02: On 29 JUN the
National Cemetery
Administration (NCA) held their biannual meeting to discuss
their budget, construction schedule and new services. Of note
were:
• New Medallion Benefit. Upon request, the VA will provide a
medallion to be affixed to an existing privately purchased
headstone or marker to signify the deceased’s status as a
veteran. The medallion is provided in the place of a government
headstone or marker for veterans who died on or after November
1, 1990 AND who have a grave in a private cemetery with a
privately purchased headstone or marker. It comes in 3 sizes:
5‖, 3‖, 1-1/2‖. It has Veteran across the top and the branch of
service at the bottom. Adhesive, instructions and hardware are
also provided.
1-1/2" Medallion 3" & 5" Medallion
• New national grave locator, available both on their website
http://gravelocator.cem.va.gov/j2ee/servlet/NGL v1 and on smart
phones, that allows you to locate any grave in a VA National
Cemetery, state veterans cemeteries, various other military and
Department of Interior cemeteries, and for veterans buried in
private cemeteries when the grave is marked with a government
grave marker. This includes Arlington National Cemetery. The
smart phone application will allow you to look up the grave of a
loved one while you are in the cemetery, a useful feature.
• New policy to determine when a new cemetery in a given region
is needed. The previous policy stated that there needed to be
one cemetery for every 1 70,000 veterans in a given geographical
area, now the standard is one cemetery for every 80,000
veterans. While 1 0% of veterans still do not have access to a
veteran’s cemetery, defined as being within 75 miles of their
home, this is two percent better than in 2005, and NCA aims for
94% of veterans to have access to national or state veteran
cemeteries within four years.
For more information or to request a Burial Flag, Government
Headstone or Marker, Private Grave Medallion, or a Presidential
Memorial Certificate, go to http://www.cem.va.gov/. [Source:
TREA Washington Update 2 Jul 201 0 ++]
Tricare Supplemental Insurance Update 04: In the FY2007 National
Defense Authorization
Act Congress included a provision that was designed to prevent
non-military employers from offering improper incentives to
TRICARE beneficiaries not to enroll in the employer provided
group health plan. However, in passing the law, their
prohibition resulted in penalties being imposed on TRICARE
beneficiaries unrelated to the stated intention of the
legislation. One of the provisions in the law no longer allowed
TRICARE beneficiaries to have their TRICARE supplement, co-pays
and deductibles paid for on a pre-tax basis through their
companies’ authorized cafeteria plans. As a result, these
employees no longer had the tax benefit other employees have and
they had to pay TRICARE premiums on an after tax basis. Because
of this many employees gave up their TRICARE Standard policies
and elected to use TRICARE Prime. This, in turn, increased the
costs to DoD since TRICARE Prime costs the government about 1 9%
more than does TRICARE Standard. Secretary of Defense has the
authority to make an exception to allow payment through tax
advantaged plans, and he finally did so in APR 2010. Under a
final rule published by DoD, starting 18 JUN non-military
employers can now offer a TRICARE Standard supplement plan with
their cafeteria-style health insurance options so TRICARE
Standard beneficiaries can buy coverage with pre¬tax dollars.
[Source: TREA Washington Update 2 Jul 2010 ++]
HVAC Update 11: On 29 JUN a hearing was held by the House
Veterans Affairs Subcommittee on Disability Assistance and
Memorial Affairs on five new bills of importance to veterans.
The hearing was the first opportunity for a Congressional
committee to review each bill and receive testimony about them
from veterans groups and the Department of Veterans Affairs. The
bills were:
• HR3407, the Severely Injured Veterans Benefit Improvement Act
of 2009: Would increase aid and attendance for severely injured
veterans, qualify severely burned veterans adaptive grants,
increase pension for housebound veterans, expand aid and
attendance to cover veterans with traumatic brain injury (TBI),
and increase the service pension for Congressional Medal of
Honor recipients.
• HR3787, the Honor America's Guard and Reserve Retirees Act:
Would grant veterans status to members of the Reserve components
who serve for at least twenty years, thus becoming military
retirees, but who never served on active duty long enough to
qualify for veterans status as currently defined by law. There
would be no new federal benefits conferred upon these
individuals, but they would have the honor of being officially
recognized as veterans.
• HR4541, the Veterans Pensions Protection Act of 2010: Would
protect pension payments from including insurance settlements of
any kind from the calculation amount in determining pensions.
Further, the bill would require the VA to make determinations on
the fair market value and replacement value of any assets
claimed for exclusion under the insurance settlement.
• HR5064, the Fair Access to Veterans Benefits Act of 2010:
Would provide some flexibility in the equitable tolling of
timeliness for the Board of Veterans' Appeals, and for other
purposes. (Equitable tolling is a doctrine or principle of tort
law: a statute of limitations will not bar a claim if despite
use of due diligence the plaintiff did not or could not discover
the injury until after the expiration of the limitations
period.)
• HR5549, the Rating and Processing Individuals’ Disability
Claims Act or the Rapid Claims Act: Would provide VA a mechanism
for identifying and expediting claims that are "ready-to-rate"
by granting the Secretary the authority to wave the mandatory
60-day development period with the written permission of the
veteran. If a veteran submits a statement which indicates the
veteran's intent to submit a fully developed claim, the veteran
would have one year from the date of submission to provide the
Secretary with a fully developed claim and access to the
expeditious treatment of their claim. If the Secretary
determines the claim is not fully developed, the VA will notify
the veteran within 30 days of the evidence and information
required to rate the case.
[Source: TREA Washington Update 2 Jul 2010 ++]
COLA 2011 Update 03: The Bureau of Labor Statistics announced
the May 2010 CPI-W of 214.1 which is an increase of 0.1% from
the March CPI-W of 213.9. The May CPI-W of 214.1 is now down .6%
from the 2008 COLA base of 215.5. The 2008 COLA base will be
used to calculate the 2010 COLA since there was no 2009 COLA as
a result of negative inflation from the third quarter of 2008 to
the third quarter of 2009. [Source: MOAA News Exchange 30 Jun
2010 ++]
TSA Guidance for Passengers: In order to meet new security
procedures the Transportation Security Administration (TSA)
encourages all international passengers on flights to the U.S.
to use the following guidance which will help make their passage
through the airport as efficient and comfortable as possible.
Pack Smart
• Pack an organized carry-on bag using layers. A layer of
clothes, then electronic, more clothes, and then any heavier
items. This will help transportation security officers see
what's in your bag. Innocent items can actually appear to be
potential threats in an X-ray image, simply by the way they're
packed.
• Do not pack oversized electronics (laptops, full-size video
game consoles, DVD players and video cameras that use cassettes)
in your checked baggage when possible. However, be advised that
you will be required to remove these items from your carry-on
bag and submit them separately for x-ray screening. Small
electronics, such as iPods, can remain in your carry-on. For
more information on laptop bag procedures, refer to
•
http://www.tsa.gov/press/happenings/simplifying_laptop_bag_procedures.shtm
.
• Prepare your 1 quart-sized, clear, plastic, zip-top bag of
liquids before arriving at the airport. For more information on
liquid rules refer to http://www.tsa.gov/311/
• Pack all your coats and jackets in your checked baggage when
possible. All coats and jackets must go through the X-ray
machine for inspection.
• Do not wrap gifts. If a security officer needs to inspect a
package, they may have to unwrap your gift. Wait until you've
reached your final destination to wrap gifts.
• Film. Undeveloped film should go in your carry-on bag. You
will able to declare film that is faster than 800-speed to a
transportation security officer for physical inspection to avoid
being X-rayed.
• When in doubt, leave it out. If you're not sure about whether
you can bring an item through the checkpoint, put it in your
checked bag or leave it at home. For a list of prohibited items
refer to
http://www.tsa.gov/travelers/airtravel/prohibited/permitted-prohibited-items.shtm.
Dress the Part
• Transportation security officers have to identify any metal
that is detected at the checkpoint. If the metal detector alarms
when you pass through, you will be required to undergo
additional screening. This includes a hand-wand and pat-down
inspection. Items that might set off an alarm on the metal
detector include:
1. Keys, loose change, mobile phones, pagers, and personal data
assistants (PDAs).
2. Heavy jewelry (including pins, necklaces, bracelets, rings,
watches, earrings, body piercings, cuff links, lanyards or bolo
ties).
3. Clothing with metal buttons, snaps or studs. Also, belt
buckles and Under-wire bras
4. Metal hair barrettes or other hair decoration.
5. Body Piercings. Certain metal body piercings may cause you to
alarm at the metal detector, which will result in you getting
additional screening. If additional screening is required, you
may ask to remove your body piercing in private as an
alternative to the pat-down search.
• Head Coverings. You are permitted to wear head coverings and
religious garments during the screening process. You may be
directed to additional screening if your headwear or clothing
(religious or other-wise) is loose fitting or large enough to
hide prohibited items. For more information refer tp
http://www.tsa.gov/travelers/airtravel/assistant/editorial_1037.shtm.
• Shoes. Travelers are required to remove their shoes before
entering the walk-through metal detector at all U.S. airports
and put them through the x-ray machine for inspection. This
allows officers to see if the shoes have been tampered with in
any way.
Acceptable Documents - The items you'll need to present to a
Transportation Security Officer at the checkpoint are:
• Boarding pass.
• Identification (see www.tsa.gov/assets/pdf/apis_documents.pdf
)
Note: Each adult traveler should keep his/her airline boarding
pass and government-issued photo ID available until exiting the
security checkpoint (children are not required to show
identification). If you do not have identification (i.e.it lost,
stolen, etc.), you will be required to provide the document
checking officer with some information to help verify your
identity. This will slow down your screening process and will
result in additional screening.
Hassle-Free Security Tips
• Arrive on time. Arrival time recommendations vary by airline
and day of travel, so check with your carrier. Remember to give
yourself adequate time to check your baggage and move through
security.
• Wear slip-on shoes. This will allow you to take them off and
put them back on quickly, without having to sit down.
• Remove all animals from their carrying cases and send the case
through the X-ray machine. Hold your pet in your arms and
proceed through the metal detector.
• Children. Take your infants and children out of baby carriers
and strollers and take them through the metal detector with you.
Strollers and baby carriers go through the X-ray machine with
your bags. If possible, collapse your stroller before you get to
the metal detector. For more information about traveling with
children refer to
http://www.tsa.gov/travelers/airtravel/children/index.shtm
• Think before you speak. Belligerent behavior, inappropriate
jokes and threats will not be tolerated. They will result in
delays and possibly missing your flight. Local law enforcement
may be called as necessary.
• Helpful Videos. Make your screening experience as smooth as
possible. Select a video at www.tsa,gov to help you understand
the screening process.
[Source: U.S. Embassy Manila ACS Newsletter Jun 2010 ++]
Debt Collector's Rules: Debt collectors are infamous for some of
their underhanded tactics used to collect debts from consumers.
Many collectors get away with these tricks because consumers are
not aware of the laws dictating how collectors can – and how
they cannot – deal with consumers when collecting a debt. The
Fair Debt Collection Practices Act, better known as the FDCPA,
is a federal law that governs the actions of parties acting as
debt collectors for personal debts. Auto loans, home loans,
medical bills, and credit card accounts are all considered
personal debts. Whenever one of your creditors uses a
third-party to collect a debt, that third-party is obligated to
follow the rules of the FDCPA. If your rights under the FDCPA
have been violated, you have one year from the date of the
violation to file a lawsuit against the debt collector. You
could receive up to $1,000 in addition to actual damages and
attorney fees. There are several things that a debt collector
cannot do under the FDCPA. They cannot:
• Call you before 8am or after 9pm
• Call you at work, provided the debt collector is aware your
employer does doesn’t approve of these phone calls
• Harass, oppress, or abuse you
• Lie to you or falsely imply that you have committed a crime
• Use unfair practices in an attempt to collect a debt
• Conceal his or her identity on the phone
• Disregard a written request from you to cease further contact
The law also dictates how the debt collector must act when
communicating with a person other than the debt collector.
• The collector is prohibited from giving out information
pertaining to your debt to anyone but you or your spouse (or
your parent if you're a minor).
• Debt collectors are not allowed to communicate via post card
or use any kind of symbol or language on an envelope that
indicates they are a debt collector. Once the debt collector
learns you are represented by an attorney – and has the contact
information for the attorney – the debt collector can only
communicate with the attorney.
• Debt collectors are prohibited from using any form of
harassment or abuse while attempting to collect. They cannot
threaten violence against the debtor, their reputation, or their
property. In addition, debt collectors cannot use obscene or
profane language when communicating with the debtor via phone or
through mail. Collection agencies and their collectors cannot
publish any kind of listing of consumers that have not paid
debt, except to a consumer bureau.
[Source: About.com Credit/Debt Management LaToya Irby article 22
May 2010 ++]
Medicare Fraud Update 43:
• Tennessee - Benchmark Physical Therapy has entered into a
settlement with the federal government and the state of
Tennessee to pay over $1.8 million resolving allegations that it
improperly billed the Medicare and TennCare/Medicaid programs
for physical therapy services. Benchmark violated the federal
False Claims Act and the Tennessee Medicaid False Claims Act by
submitting claims to the TennCare program for physical therapy
that were not reimbursable. Specifically, the government's claim
was that between 2001 and 2006, Benchmark submitted claims
representing that it had provided therapeutic exercise for
TennCare patients when medical records indicated that the
patients had instead received aquatic therapy, a service subject
to reimbursement restrictions. It was also alleged that
Benchmark submitted claims through the Medicare program for
physical therapy services which did not qualify for payment or
were not medically necessary.
• Chicago IL - A group of doctors at Rush University Medical
Center's prestigious orthopedic department routinely overbooked
their schedules and relied heavily on residents to perform
surgeries, violating federal Medicare billing rules, according
to a newly unsealed whistle-blower lawsuit filed in U.S.
District Court in Chicago. The suit alleges that in one
instance, a surgeon never entered the operating room to
supervise a procedure. In others, a surgeon monitored residents
performing operations via video feed while simultaneously
performing his own operations in nearby rooms.The lawsuit, filed
by another Rush surgeon, Dr. Robert Goldberg, along with a
former hospital executive, portrays Rush's orthopedic center as
a business focused on quantity over quality, risking patient
health in pursuit of "monetary rewards and celebrity status." To
do that, doctors sidestepped specific Medicare billing rules
that require teaching physicians to be present during critical
portions of procedures, the suit said. Six surgeons are named as
defendants; the lawsuit mainly focuses on procedures performed
in 2004 and 2005.Whistle-blower lawsuits relate to claims in
which the government is victimized, and plaintiffs stand to
share in a portion of any monetary awards. In this case, some of
the plaintiffs' accusations, related to the use of office space
in return for patient referrals, have been settled by the
Justice Department, with the medical center agreeing to pay more
than $1.5 million but not admit wrongdoing. After that
settlement in March, the other accusations relating to surgical
practices were unsealed.
• Orange Cnty CA - A heart monitoring Services Company has
agreed to pay $3.6 million to resolve allegations it defrauded
government health care programs. The settlement was finalized 8
JUL with National Cardio Labs L LC, the company's manager
Adrienne Stanman and her husband and former manager Robert
Parsons. A lawsuit accused the company of submitting false
health care claims to Medicare, TRICARE and health insurance
carriers contracted through the Federal Employee Health Benefits
Program between JAN 98 and FEB 04. The defendants paid the
United States nearly $2.3 million in late May, forfeited
$584,000 in assets and will pay the remaining $720,000 by 21
JUL.
• Dearborn MI - Ali Makki, M.D pleaded guilty 8 JUL to health
care fraud, falsifying an immigration form for a patient, and
underreporting income taxes. From JUL 04 through SEP 09, he
admitted to knowingly submitting false claims to Medicare about
X-rays provided to his Medicare patients. He obtained $113,777
in false claims, he said. Makki, 50, also said he falsified an
immigration form for a patient applying for naturalization in an
effort to exempt his patient from certain requirements necessary
for naturalization and failed to report cash receipts on his
2003 federal income tax return. Under his plea agreement, he
faces up to 30 months in federal prison. Under the False Claims
Act, Makki also forfeited commercial real property with an
appraised value of more than $4.7 million in Canton and
Dearborn, and some $76,000 in cash.
[Source: Fraud News Daily reports 1-14 Jul 2010 ++]
Medicad Fraud Update 17:
• Medi-Cal - California Medi-Cal officials paid $273,000 from
JAN 07 thru JUN 08 to health providers who claimed to have
rendered care to 35 patients who were already dead at the
purported time of the service, raising questions about the
agency’s accounting and potential health provider fraud. In a
response to auditors, California officials said they would send
money back to federal funders to cover their half of the claims
paid for dead people, since half of the Medi-Cal program's
funding comes from federal dollars and half from state funds.
Medi-Cal leaders said they had systems in place to stop payment
for care rendered to dead people and had sent letters demanding
health providers to send back $7,300. But the Department of
Health Care Services, which operates Medi-Cal, noted there were
potential delays in updating their data files that enabled the
payments in question. Doctors and other health providers tend to
render services to patients, such as a prostate exam or
psychotherapy, and bill Medi-Cal later. In the future the state
plans to cut off Medi-Cal payment to caregivers who bill more
than $50,000 for services to the dead.
• Woburn MA - A Woburn-based clinical testing laboratory has
been indicted for allegedly orchestrating an extensive Medicaid
Fraud and kickback scheme using ―straw companies‖ and
overcharging the state’s Medicaid program. A Middlesex Grand
Jury returned 42 indictments yesterday against Callow
Laboratories, Inc. (―Calloway‖), two of its principals, and two
employees of a sober house. The indictments allege that
Calloway, Chief Executive Officer Arthur Levitan, and Chief
Operating Officer Patrick Cavanaugh, engaged in a pervasive
kickback scheme involving two straw companies which funneled
kickbacks to sober houses, as well as paid middlemen and a
medical office to illegally obtain urine drug screening business
paid by MassHealth, the Commonwealth’s Medicaid program. The
Commonwealth alleges that MassHealth paid in excess of $10.6
million for urine drug screen business obtained by Calloway as a
result of these illegal kickbacks. Other indictments returned 6
JUN allege submission of false claims to MassHealth, Larceny
Over $250, and Corruption of a Witness.
• Las Vegas NV - Nelida Calina, 55, pleaded guilty to a felony
offense after submitting false claims regarding care for
Medicaid patients through her company, ABC Home Care Services,
officials said. Information suggesting that personal care aid
services were not being provided to Medicaid recipients prompted
the investigation in 2007, officials said. The investigation
revealed Calina was submitting false claims to Medicaid about
providing home health services to Medicaid recipients. Calina
was not at patients’ homes during the times she claimed to be
providing services, according to the attorney general. District
Court Judge Valerie Adair on 9 JUL suspended a jail sentence for
Calina but ordered her to perform 16 hours of community service
each month she is unemployed and pay $44,000 in restitution,
penalties and costs, in addition to 5 years probation.
[Source: Fraud News Daily reports 1-14 Jul 2010 ++]
State Veteran's Benefits: The state of Arizona provides several
benefits to veterans. To obtain information on these refer to
this Bulletin’s Attachment for an overview of those listed
below. Benefits are available to veterans who are residents of
the state. For a more detailed explanation of each click on
―Learn more about ...‖ wording highlighted in blue on the
attachment.
• Housing Benefits
• Financial Assistance Benefits
• Employment Benefits
• Education Benefits
• Other State Veteran Benefits
[Source:
www.military.com/benefits/veteran-benefits/arizona-state-veterans-benefits
Jul 2010 ++]
Military History: The only plane ever to drop a bomb on the
United States during WWII was a submarine based Glen float plane
on September 9, 1942. On that day its carrier, an I-25 class
Japanese submarine, was cruising in an easterly direction
raising its periscope occasionally as it neared the United
States Coastline. Japan had attacked Pearl Harbor less than a
year ago and the Captain of the attack submarine knew that
Americans were watching their coast line for ships and aircraft
that might attack our country. Dawn was approaching; the first
rays of the sun were flickering off the periscopes lens. Pilot
Chief Warrant Officer Nobuo Fujita and his crewman Petty Officer
Shoji Okuda were making last minute checks of their charts
making sure they matched those of the submarine’s navigator.
Their mission; attack the west coast with incendiary bombs in
hopes of starting a devastating forest fire. If this test run
were successful, Japan had hopes of using their huge submarine
fleet to attack the eastern end of the Panama Canal to slow down
shipping from the Atlantic to the Pacific. The Japanese Navy had
a large number of I-400 submarines under construction, each
capable of carrying three aircraft.
Aboard the submarine the Captain’s voice boomed over the PA
system, ―Prepare to surface, aircrew report to your stations,
wait for the open hatch signal‖ During training runs several
subs were lost when hangar door were opened too soon and sea
water rushed into the hangars and sank the boat with all hands
lost. You could hear the change of sound as the bow of the I-25
broke from the depths, nosed over for its run on the surface. A
loud bell signaled the ―All Clear.‖ The assigned crew for the
single engine Yokosuki E14Ys floats equipped observation and
light attack aircraft sprang into action. They rolled the plane
out its hangar built next to the conning tower. The wings and
tail were unfolded, and several 176 pound incendiary bombs were
attached to the hard points under the wings. This was a small
two passenger float plane with a nine cylinder 340 hp radial
engine. It was full daylight when the Captain ordered the
aircraft to be placed on the catapult. Warrant Officer Fujita
started the engine, let it warm up, checked the magnetos and oil
pressure. There was a slight breeze blowing and the seas were
calm. A perfect day to attack the United States of America. When
the gauges were in the green the pilot signaled and the catapult
launched the aircraft. After a short climb to altitude the pilot
turned on a heading for the Oregon coast.
The small Japanese float plane had climbed to several thousand
feet of altitude for better visibility and to get above the
coastal fog. The pilot had calculated land fall in a few minutes
and right on schedule he could see the breakers flashing white
as they hit the Oregon shores. The pilot of the aircraft checked
his course and alerted his observer to be on the lookout for a
fire tower which was on the edge of the wooded area where they
were supposed to drop their bombs. These airplanes carried very
little fuel and all flights were in and out without any
loitering. The plane reached the shore line and the pilot made a
course correction 20 degrees to the north. The huge trees were
easy to spot and certainly easy to hit with the bombs. The fog
was very wispy by this time. The pilot activated the release
locks so that when he could see a drop site the bombs would
release. His instructions were simple, fly at 500 feet, drop the
bombs into the trees and circle once to see if they had started
any fires and then head back to the submarine.
The bombs tumbled from the small seaplane and impacted the
forests, the pilot circled once and spotted fire around the
impact point. He executed an 180 degree turn and headed back to
the submarine. There was no air activity, the skies were clear.
The small float plane lined up with the surfaced submarine and
landed gently on the ocean, then taxied to the sub. A long boom
swung out from the stern. His crewman caught the cable and
hooked it into the pickup attached to the roll over cage between
the cockpits. The plane was swung onto the deck, The plane’s
crew folded the wings and tail, pushed it into its hangar and
secured the water tight doors. The I-25 submerged and headed
back to Japan.
This event, which caused no damage, marked the only time during
World War II that an enemy plane had dropped bombs on the United
States mainland. What the Japanese didn’t count on was coastal
fog, mist and heavy doses of rain made the forests so wet they
simply would not catch fire. Fifty years later the Japanese
pilot, who survived the war, would return to Oregon to help
dedicate a historical plaque at the exact spot where his two
bombs had impacted. The elderly pilot then donated his
ceremonial sword as a gesture of peace and closure of the
bombing of Oregon in 1942.
• Refer to
www.historynet.com/japan-bombs-the-west-coast-november-98-aviation-history-feature.htm
for a more detailed account if this event.
• For pictures of the plane, Warrant Officer Fuj ita, and the
Oregon memorial plaque refer to www.eugeneleeslover.com/Japanese
bomb Oregon.html .
• For photos of the I-14 class Japanese submarine capable of
carrying two aircraft refer to
www.eugeneleeslover.com/AMMUNITION/SUB-RAIDERS-OF-TOMORROW.html.
• For an audio narrative and videos on Japanese Balloon bombs
refer to
www.eugeneleeslover.com/VIDEOS/Japanese_Balloon_Bomb.html.
[Source: www.eugeneleeslover.com/Japanese_bomb_Oregon.html Gene
Slovers U.S. Navy Pages Norm Goyer article Jun 2010 ++]
Military History Anniversaries:
• Jul 16 1779 - Revolutionary War: American troops capture Stony
Point, N.Y.
• Jul 16 1945 - WWII: The United States detonates the first
atomic bomb in a test at Alamogordo, N. M.
• Jul 17 1898 - Spanish-American War: U.S. troops take Santiago
de Cuba.
• Jul 17 1966 - Vietnam: Ho Chi Minh orders a partial
mobilization of to defend against American airstrikes.
• Jul 18 1915 - WWI: 2nd Battle of Isonzo begins & ends with
loss of 280,000 men
• Jul 18 1942 - WWII: German Me-262, the first jet-propelled
aircraft to fly in combat, makes its first flight.
• Jul 18 1971 - Vietnam: New Zealand and Australia announce they
will pull their troops out of Vietnam.
• Jul 19 1942 - WWII: German U-boats are withdrawn from
positions off the U.S. Atlantic coast due to American
anti-submarine countermeasures.
• Jul 20 1917 - WWI: Draft lottery held; #258 is 1st drawn
• Jul 20 1944 - WWII: Adolf Hitler is wounded in an
assassination attempt by German Army officers.
• Jul 20 1950 - Korean War: The U.S. Army’s Task Force Smith is
pushed back by superior forces.
• Jul 21 1861 - Civil War: In the first major battle of the War,
Confederate forces defeat the Union Army along Bull Run near
Manassas Junction, Virginia. The battle becomes known as
Manassas by the Confederates, while the Union calls it Bull Run
• Jul 21 1944 - WWII: U.S. Army and Marine forces land on Guam
in the Marianas.
• Jul 21 1954 - Vietnam: The French sign an armistice with the
Viet Minh that ends the war but divides Vietnam into two
countries.
• Jul 22 1775 - Revolutionary War: George Washington took
command of the Continental Army.
• Jul 22 1814 - Five Indian tribes in Ohio make peace with the
United States and declare war on Britain.
• Jul 22 1966 - Vietnam: B-52 bombers hit the DMZ between North
and South Vietnam for the first time.
• Jul 22 1987 - Gulf War: US began escorting re-flagged Kuwaiti
tankers in Persian Gulf
• Jul 23 1944 - WWII: US forces invade Japanese-held Tinian.
• Jul 23 1962 - The Geneva Conference on Laos forbids the United
States to invade eastern Laos.
• Jul 24 1990 - Gulf War: U.S. warships in Persian Gulf placed
on alert after Iraq masses nearly 30,000 troops near its border
with Kuwait
• Jul 25 1944 - WWII: Allied forces begin the breakthrough of
German lines in Normandy.
• Jul 25 1990 - Gulf War: U.S. Ambassador tells Iraq, US won't
take sides in Iraq-Kuwait dispute.
• Jul 27 1861 - Civil War: Confederate troops occupy Fort
Fillmore, New Mexico
• Jul 27 1944 - WWII: U.S. troops complete the liberation of
Guam.
• Jul 27 1953 - Korea: Representatives of the United Nations,
Korea and China sign an armistice at Panmunjon ending the war.
• Jul 27 1964 - Vietnam: President Lyndon Johnson sends an
additional 5,000 advisers to South Vietnam.
• Jul 28 1914 - WWI: War begins when Austria-Hungary declared
war on Serbia followed by Germany declaring war on France (3
AUG). On 4 AUG Germany invaded Belgium, Britain declared war on
Germany, and President Woodrow Wilson declared policy of U.S.
neutrality.
• Jul 28 1945 - A B-25 bomber crashes into the Empire State
Building in New York City, killing 13 people.
• Jul 28 1965 - Vietnam: LBJ sends 50,000 more soldiers to
Vietnam (total of 125,000)
• Jul 29 1915 - U.S. Marines land at Port-au-Prince to protect
American interests in Haiti.
• Jul 29 1967 - Fire aboard carrier USS Forrestal in Gulf of
Tonkin kills 134. $100 million damage
• Jul 30 1942 - FDR signs bill creating women's Navy auxiliary
agency (WAVES)
• Jul 30 1944 - US 30th division reaches suburbs of St-Lo
Normandy
• Jul 30 1945 - WWII: After delivering parts of the first atomic
bomb the U.S. cruiser Indianapolis is torpedoed/sinks, 880 die.
• Jul 31 1813 - Revolutionary War: British invade Plattsburgh NY
• Jul 31 1991 - Senate votes to allow women to fly combat
aircraft
[Source: Various Jul 2010 ++]
=
Military Trivia 08:
• What auto maker built the first armored tanks used by U.S.
troops in battle?
A: Renault. The French-made tanks first saw service in the
Battle of St. Mibiel on September 12, 1918. No American-made
tanks were used in World War I.
• What baseball Hall of Famer was court-martialed for refusing
to take a seat in the back of a U.S. Army bus?
A: Jackie Robinson, in 1944, while a second lieutenant. He was
acquitted.
• Which controversial hero graduated at the bottom of his West
Point class in 1861?
A: Gen. George Armstrong Custer.
• What twentieth-century American general had a grandfather who
was a confederate brigadier general in the Civil War, and a
great -great-great-grandfather who was a general in the
Revolutionary War? A: George S. Patton.
• What was the name of Adolph Hitler's favorite dog--the
Alsatian he used to make sure his cyanide capsules were lethal?
A: Blondi. Hitler used the cyanide to commit suicide after
seeing that it worked on Blondi.
• What childhood name was shared by Gen. George A. Custer and
Chief Crazy Horse, the Oglala Sioux leader he faced at the
Battle of the Little Bighorn?
A: Curly.
• How long did it take Napoleon to send a message from Rome to
Paris--almost 700 miles--using a semaphore system to signal from
mountaintop to mountaintop?
A: Four hours.
• The walls of what structure--made entirely of natural
material--stand up better to modern artillery than a concrete
barricade, according to tests conducted by the Swedish army?
A: The igloo. Not only do its walls absorb an artillery blast,
but they are almost invisible from the air and can't be spotted
by the infrared sensors that guide today's missiles.
• What film was based on the Civil War exploits of the 54th
Massachusetts Infantry Regiment? A: Glory. The 54th was one of
two black regiments formed by Massachusetts in 1862.
Massachusetts was the first state to have blacks in its
organized militia.
• Where did Napoleon Bonaparte bid farewell to his imperial
guard in 1814?
A: In the courtyard at Fontainebleau Palace which is now known
as the Adieux Courtyard. In French, adieux means "farewell."
• In World War II Navy slang, what was an airdale?
A: A naval aviation recruit.
• What was the daily ration of hard liquor for soldiers in the
Continental Army during the Revolutionary War?
A: Four ounces--when available.
• During World War II, what wearing apparel were American women
encouraged to turn in for use in making parachutes?
A: Their nylon stockings--which were melted down and turned into
parachute fabric.
• What army did the Greeks defeat at the battle of Marathon in
490 B.C.?
A: The Persian army. The marathon race commemorates the run a
Greek courier made from the battlefield to Athens to deliver
news of the victory before collapsing and dying of exhaustion.
• How many members of Lt. Col. George Armstrong Custer's family
were killed at the Battle of Little Big Horn?
A: Five, counting Custer. Those who died with him were his
half-brothers, Tom and Boston; nephew, Harry Armstrong Reed; and
a brother-in-law; James Calhoun.
• A pin-up photo of what actress adorned the first test bomb
dropped on Bikini atoll in the Marshall Islands in July 1946?
A: Rita Hayworth.
[Source: www.triviafool.com/page93.htm Jul 2010 ++]
Tax Burden for New York Retirees: Many people planning to retire
use the presence or absence of a state income tax as a litmus
test for a retirement destination. This is a serious
miscalculation since higher sales and property taxes can more
than offset the lack of a state income tax. The lack of a state
income tax doesn’t necessarily ensure a low total tax burden.
Following are the taxes you can expect to pay if you retire in
New York:
State Sales Tax: 4.0% (food, prescription and non-prescription
drugs exempt); Other taxing entities may add up to 5.00% in
additional sales tax.
Gasoline Tax: 44.6 cents/gallon
Diesel Fuel Tax: 43.8 cents/gallon
Cigarette Tax $2.75 per pack of 20; New York City adds an
additional $1.50.
Personal Income Taxes
Tax Rate Range: Low - 4.0%; High - 8.97%. The state has enacted
two new temporary income tax rates in its 2010 budget levied on
the highest-income filers. For households with taxable income
above $500,000, regardless of filing status, the tax rate rises
to 8.97% from 6.85%; for those with taxable income below
$500,000 but above $200,000 for single individuals, $250,000 for
heads of households, and $300,000 for married couples filing
joint returns, the rate increases to 7.85% from 6.85%.
Income Brackets: 5: Lowest - $8,000; Highest - $500,000 (For
joint returns, the taxes are twice the tax imposed on half the
income.)
Personal Exemptions: Single - $0; Married - $0; Dependents -
$1,000
Standard Deduction: Single - $7,500; Married filing jointly -
$15,000
Medical/Dental Deduction: Federal amount
Federal Income Tax Deduction: None
Retirement Income:
Retirement Income Taxes: Social Security, military, civil
service, New York state/local government pensions are exempt.
Also, up to $20,000 of qualified private pensions for those
591/2 and older. Out-of-state government pensions can be
deducted as part of the $20,000 exemption. For more information
on senior citizen and retiree benefits refer to
www.tax.state.ny.us/pdf/publications/income/pub36.pdf .
Retired Military Pay: Exempt from taxes.
Military Disability Retired Pay: Disability Portion -- Length of
Service Pay: Member on September 24, 1975 -- No tax; Not Member
on September 24, 1975 -- Taxed, unless combat incurred. Retired
Pay -- Based solely on disability. member on September 24, 1975
-- No tax. Not Member on September 24, 1975 -- Taxed, unless all
pay based on disability, and disability resulted from armed
conflict, extra-hazardous service, simulated war, or an
instrumentality of war. For information on taxes for military
personnel in New York State refer to
www.tax.state.ny.us/pit/military_page.htm.
VA Disability Dependency and Indemnity Compensation: VA benefits
are not taxable because they generally are for disabilities and
are not subject to federal or state taxes.
Military SBP/SSBP/RCSBP/RSFPP: Generally subject to state taxes
for those states with income tax. Check with state department of
revenue office.
Property Taxes
Property taxation is limited to real property. New York State
law gives local governments and public school districts the
option of granting a reduction on the amount of property taxes
paid by qualifying senior citizens. This is accomplished by
reducing the assessed value of residential property owned by
seniors by 50%. To qualify, seniors must be 65 years of age or
older and meet certain income limitations and other
requirements. For the 59% exemption, the law allows each county,
city, town, village or school district to set the maximum income
limit at any figure between $3,000 and $24,000. Localities have
the further option of granting an exemption of less than 50% to
senior citizens whose incomes exceed the local income limit by
less than $1,000 in three income ranges or $900 in six other
income ranges. For example, in a community that has taken this
"sliding-scale" option and has adopted the $21,500 income
maximum, an eligible resident whose income is more than $21,500
but less than $22,500, is entitled to a 45% exemption. If a
person's income is more than $29,000 but less than $32,400, the
exemption is 5%.
There is no general, statewide homestead property tax exemption.
However, a taxpayer's primary residence may be partially
exempted from school taxes under the state's School Tax Relief
Program (STAR) program. Seniors can take advantage of this
program that provides a partial exemption from school property
taxes. All New Yorkers who own and live in their one-, two-, or
three-family home, condominium, cooperative apartment,
manufactured home, or farm dwelling are eligible for a STAR
exemption on their primary residence.
There are three parts to the STAR program:
The Basic STAR exemption is available for owner-occupied,
primary residences regardless of the owners' ages or incomes.
Basic STAR works by exempting the first $30,000 of the full
value of a home from school taxes.
The Middle Class STAR Rebate program has been repealed for 2009.
No rebates will be issued.
The Enhanced STAR exemption is available for the primary
residences of senior citizens (age 65 and older) with yearly
household incomes not exceeding the statewide standard. For
qualifying senior citizens, the Enhanced STAR program works by
exempting the first $60,100 of the full value of their home from
school property taxes. For property owned by a husband and wife,
or by siblings, only one of them must be at least 65 years of
age as of
December 31 of the year in which the exemption will begin to
qualify for the Enhanced exemption. Their combined annual
income, however, must not exceed the STAR income standard. Call
877-678-2769 for details.
For general information on senior citizen and retiree benefits
in New York refer to
www.tax.state.ny.us/pdf/publications/income/pub36.pdf.
Inheritance and Estate Taxes - There is no inheritance tax.
Regarding the estate tax, if the date of death is on or after
January 1, 2004, the estate must file a New York State estate
tax return if any one of the following conditions are met: (1)
The decedent was domiciled in New York State at the time of
death and the total of the federal gross estate, federal taxable
gifts and specific exemption exceeds $1 million; (2) The
decedent was not domiciled in New York State at the time of
death and the estate includes real or tangible personal property
with a situs in New York State, and the total of the federal
gross estate, federal taxable gifts and specific exemption
exceeds $1million; or (3) The decedent was neither a resident
nor a citizen of the United States, the estate includes real or
tangible personal property with a situs in New York State, and
the estate is required to file a federal estate tax return.
For further information, visit the New York Department of
Taxation and Finance site www.tax.state.ny.us . [Source:
www.retirementliving.com Jul 2010 ++]
Congressional Alphalist: To better understand what is happening
to veteran legislation as it proceeds through Congress it is
useful to know the language used by our representatives as they
conduct business. Following are some of the words or expressions
you will see while reading about or listening to House and
Senate sessions:
• DEAR COLLEAGUE LETTER. Refers to a mass-produced letter sent
by one member to all fellow members. They usually describe a new
bill and ask for cosponsors or ask for a member's vote on an
issue.
• DELEGATE. A member of the House from Samoa, Guam, Puerto Rico,
Virgin Islands, or Washington, D.C. The Constitution prohibits
delegates from voting on the House floor, but permits them to
vote in Committee.
• DEMONSTRATION PROJECT. A project funded by the federal
government in order to test new technology or policies. It is
intended to demonstrate the feasibility of technology which
might not find private funding.
• THE DESK. Refers to the rostrum where the presiding officer
and the various clerks of the chamber sit.
• DILATORY ACTION. A parliamentary motion used not for its
intended purpose, but to delay proceedings by using up floor
time. Motions often used for dilatory purposes include those to
adjourn, to reconsider, to table, and to call for unnecessary
votes. The minority party most often uses dilatory strategies as
leverage for negotiations with the majority party.
• DISAPPEARING QUORUM. This is when senators leave the floor and
refuse to answer a quorum call. Disappearing quorums are planned
to force the Senate to adjourn. In the absence of a quorum, the
Senate may not conduct legislative business. Instead, the Senate
must either adjourn or leaders may continue to make motions to
obtain a quorum.
• DISCHARGE PETITION. Starts a process to force a bill out of
committee. A successful petition requires the signatures of 218
members, which is a majority of the House.
• DISCRETIONARY SPENDING. Refers to spending set by annual
appropriation levels made by decision of Congress. This spending
is optional, and in contrast to entitlement programs for which
funding is mandatory.
• DISTRICT. The geographical area in a state represented by a
House member, with about 600,000 citizens. Members have one or
more district offices depending on the size of the area they
represent.
• DISTRICT WORK PERIOD. The time set for House members to work
in their district away from Washington. During these periods,
the House is not in session. Some members use part of the time
to travel.
• DIVISION VOTE - HOUSE. Requires members to stand and be
counted. The chair first counts the ayes, then the nays. The
numbers are announced, but names are not recorded. It is used
mostly when the results of a voice vote is in doubt.
• DIVISION VOTE - SENATE. Requires Senators to either stand or
raise their hands to be counted. The chair first counts the
ayes, then the nays. The numbers are not announced nor are the
names recorded. A division vote is used when the results of a
voice vote are in doubt.
[Source: C-SPAN Congressional Glossary Jul 2010 ++]
Veteran Legislation Status 12 JUL 2010: Senator Robert Byrd
(D-WV), the Senate's longest
serving member, died early morning of 28 JUN, at the age of 92.
Senate rules state that no business may be conducted whenever a
member is lying in state on the Senate floor. Therefore, the
Senate adjourned late on 28 JUN and reconvened at 2 p.m. on 12
JUL 2010. The House adjourned the evening of 1 JUL and
reconvened on 13 July 2010. Thus, little legislation was acted
on until they were in adjournment. For or a listing of
Congressional bills of interest to the veteran community that
have been introduced in the 111th Congress refer to the
Bulletin’s Veteran Legislation attachment. Support of these
bills through cosponsorship by other legislators is critical if
they are ever going to move through the legislative process for
a floor vote to become law. A good indication on that likelihood
is the number of cosponsors who have signed onto the bill. Any
number of members may cosponsor a bill in the House or Senate.
At http://thomas.loc.gov you can review a copy of each bill’s
content, determine its current status, the committee it has been
assigned to, and if your legislator is a sponsor or cosponsor of
it. To determine what bills, amendments your representative has
sponsored, cosponsored, or dropped sponsorship on refer to
http://thomas.loc.gov/bss/d111/sponlst.html.
Grassroots lobbying is perhaps the most effective way to let
your Representative and Senators know your opinion. Whether you
are calling into a local or Washington, D.C. office; sending a
letter or e-mail; signing a petition; or making a personal
visit, Members of Congress are the most receptive and open to
suggestions from their constituents. The key to increasing
cosponsorship on veteran related bills and subsequent passage
into law is letting legislators know of veteran’s feelings on
issues. You can reach their Washington office via the Capital
Operator direct at (866) 272-6622, (800) 828-0498, or (866)
340-9281 to express your views. Otherwise, you can locate on
http://thomas.loc.gov your legislator’s phone number, mailing
address, or email/website to communicate with a message or
letter of your own making. Refer to
http://www.thecapitol.net/FAQ/cong _schedule.html for dates that
you can access your legislators on their home turf. [Source: RAO
Bulletin Attachment 28 Jun 2010 ++]
Have You Heard? Military Lingo
In today’s joint environment, it’s important to speak the
―language‖ of the other armed services. Here’s a list of common
expressions for each service:
NAVY/USMC ~ ARMY ~ AIR FORCE
Head ~ Latrine ~ Powder Room
Rack ~ Bunk ~ Single with ruffle and duvet
Mess Deck ~ Chow Hall ~ Dining Facility/Cafe' "Cookie" ~ Mess
Cook ~ Contract Chef
Coffee/Mud ~ Cup of Joe ~ Vanilla Latte'
Bug Juice ~ Kool-Aid ~ Shirley Temple
Utilities ~ BDU's ~ Casual Wear
Seaman/Private ~ Private ~ Bobby or Jimmy
Chief/Gunny ~ Sergeant ~ Bob or Jim
Captain/Skipper ~ Colonel ~ Robert or James Captain's Mast ~
Article 15 ~ Time Out
Berthing/Barracks ~ Barracks ~ Apartment
Skivvies / U-Trau ~ Underwear ~ Tee Shirt & Panties Thrown in
the Brig ~ Put in confinement ~ Grounded Zoom ~ Bag ~ Flight
Suit ~ Business Casual
Cover ~ Beret ~ Optional
NEX or MCXPX ~ PX ~ Shopping Mall
TAD ~ TDY ~ Working vacation
Cruise / Afloat ~ Deploy ~ Huh?
Ground Grabbers ~ Athletic Shoes ~ Flip-Flops Boondockers ~ Jump
Boots ~ Berkenstocks
Low Quarters ~ Low Quarters ~ Patent Leather Pumps SEAL ~
Special Forces ~ High Altitude Recon Hoo-Rah ! ~ Hoo-Ah ! ~
Uh-Oh !
MRE ~ MRE ~ Happy Meal
Grinder ~ Drill Field ~ What?
"It does not take a majority to prevail ... but rather an irate,
tireless minority, keen on setting brushfires of freedom in the
minds of men."
-- Samuel Adams (1722 – 1803)
Lt. James ―EMO‖ Tichacek, USN (Ret)
Associate Director, Retiree Assistance Office, U.S. Embassy
Warden & IRS VITA Baguio City RP PSC 517 Box RCB, FPO AP 96517
Tel: (951) 238-1246 in U.S. or Cell: 0915-361-3503 in the
Philippines.
Email: raoemo@sbcglobal .net Web:
http://post_119_gulfport_ms.tripod.com/rao1.html
AL/AMVETS/DAV/FRA/NAUS/NCOA/MOAA/USD R/VFW/VVA/CG33/D D890/AD37
member